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Full text of "Minutes"



5/S 




San Francisco Public Library 



SAN FRANCVSCO PUBUC U«"^ 




REFERENCE BOOK 

Not to be taken from the Library 



m m m 



AGM-1094; AGM-1100 



SAN FRANCISCO ARTS COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



AGENDAS AND MINUTES 



1995-1996 



3 1223 06257 1931 
3 1223 06257 1923 




t 

I Pi\ PROGRAMS 

if 2 3 

Civic Art Collection 

\ Civic Design Review 

Community Arts 

& Education 

POPS Symphony Concerts 

Public Art Program 



< 



Note 



Street Artists Licenses 

Suite 70 

415.252.2581 



Art Commission Gallery 

155 Grove Street 

415.554.9682 



SAN 



FRANCISCO ART COMMISSION 



f ' STREET ARTISTS PROGRAM COMMITTEE 

v ^ . — " ^^ 

Wednesday, January 11, 1995 
3T0XT" 

Art Commission 



QQpi. !V«cvit? DEPT. 
JAN 51995 

SAN FRANCISCO 
PUBLIC LIBRARY 



p.m. 

Conference 



Room 



Public testimony is invited 
(3) minutes per person. No 
shall cross-examine another 



N D A 

and shall 
member of 
member of 



be limited to 
the public or 
the public or 



three 

witness 

witness 



unless approved by the Program Committee. 



HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 
OF SUPERVISORS FOR PERMANENT DESIGNATION OF TWO SELLING 
SPACES ON BEACH STREET, NORTHWEST CORNER, AT HYDE STREET, 
FOR STREET ARTISTS CERTIFIED BY THE ART COMMISSION, PURSUANT 
TO BOARD OF SUPERVISORS RESOLUTION NO. 940-91. 



II DISCUSSION ON PROPOSALS RECEIVED BY STREET ARTISTS PROGRAM 
FOR POSSIBLE DESIGNATION OF STREET ARTIST SELLING LOCATIONS 




City and County of 
San Francisco 



A. Harvey Milk Plaza (Castro & Market Sts. ) - 7 spaces. 

(formerly approved by Public Utilities Commission in 
Res. No. 92-0347 and Board of Supervisors Resolution 
for the period of December 1, 1992 - February 28, 1993) 
(request from various street artists) 

B. Stockton Street, west side, O'Farrell to Market Streets 

- 3 spaces. (request from Robert and William Clark) 

C. Hyde Street, west side, Beach to Jefferson Streets 
(between bus zone and cablecar entrance) - 12 spaces. 

(request from Therese Roller) 

D. Cablecar plaza area (Beach & Hyde Streets), across from 
gazebo) - 6 spaces, (request from Therese Roller) 

E. Jefferson Street, north side, at Hyde Street (adjacent 
to Maskell Marine - 4 spaces, (request from Therese 
Roller) 

F. Jefferson Street, north side, Taylor to Mason Streets 

- 2 spaces. (request from Sherwin Stample) 

G. Mason Street, west side, at Jefferson Street - 6 spaces. 

(request from Sherwin Stample). 

H. Leavenworth Street, west side, at Jefferson Street - 

the current 10 spaces used by portrait artists/funsketch 
artists to be ued by all artists, (request from David 
Samuel ) 



Continued 



48543 SFPL: ECONO JRS 
1 ^"4 c,pdi no /*>-? /r\-> 1 ->a 



STREET ARTISTS PRORAM COMMITTEE - January 11, 1995 Agenda 
(Page 2) 



I. Yerba Buena Gardens - 5 to 10 spaces, (request from 
Tad Sky) 

J. 6th Street, east side, at Brannan Street (adjacent to 
Flower Mart) and Brannan Street, north side, 5th to 
6th Streets - undetermined number of spaces for Christ- 
mas selling season, (request from Barbara Pope) 

K. Fulton Mall (Fulton St., Hyde to Larkin Streets) and 
Market Street, Hyde to Jones Streets - undetermined 
number of spaces (request from Planning Department: 
"Civic Center Strategic Plan" presented by Citizens 
for Safety in the Civic Center ) 

L. Relocation of spaces "B-44" through "B-54" to 5 feet 
from crosswalk (Beach Street at Larkin Street) on days 
when Cable Car Canteen is not present, (request from 
David Samuel ) 

III REPORT BY PROGRAM DIRECTOR ON SPECIAL LAW ENFORCEMENT 
SERVICES (POLICE ENFORCEMENT OF STREET ARTIST AND PEDDLING 
ORDINANCES) PROVIDED BY STREET ARTISTS PROGRAM IN DOWNTOWN 
AREA DURING CHRISTMAS SELLING SEASON, 1994 

IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Christine Mar - Certificate #4519 expired February 12, 
1994; Ms. Mar's request for priority received by Program 
December 27, 1994. 

V RECOMMENDATION FROM 11/18/94 STREET ARTISTS LIAISON 
COMMITTEE TO RESCIND ART COMMISSION CERTIFICATION PRO- 
CEDURE (ADOPTED SEPTEMBER, 1994) OF COMMENCING VALIDITY 
OF A RENEWED CERTIFICATE ON THE DAY OF ITS PAYMENT WITHIN 
THE 10-DAY GRACE PERIOD; RECOMMENDATION TO RE-ADOPT PREVIOUS 
PROCEDURE OF BACKDATING VALIDITY OF A RENEWED CERTIFICATE 
TO PREVIOUS EXPIRATION DATE 

VI ADJOURNMENT 



ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitatbn Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the, two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible cuibside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals wilh severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist die city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 




SA^FRANCISCO ART COMMISSION 



/ 



STREET ARTISTS PROGRAM COMMITTEE 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art 




Street Artists Licenses 

Suite 70 

41S.2S2.2S81 



January 11, 1995 

Art Commis sion Ctmlgrg nce Room 
25 Van Ness Avenue, Suite 70 

San Francisco, California DOn imcmts DEPT. 

FEB 1 iqqc 

A MINUTES A 'WJ 

SAN FRANCISCO 
Commissioners present: Terri Simon, Emily Keeler PUBLIC LIBRARY 

Commissioner absent: Tom Flynn 

Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Worthy 

Commissioner Simon, Chair, called the meeting to order at 3:00 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 
OF SUPERVISORS FOR PERMANENT DESIGNATION OF TWO SELLING 
SPACES ON BEACH STREET, NORTHWEST CORNER, AT HYDE STREET, 
FOR STREET ARTISTS CERTIFIED BY THE ART COMMIISSION, PURSUANT 
TO BOARD OF SUPERVISORS RESOLUTION NO. 940-91 



Program Director Lazar reported that Mr. 
of the existing (non-street artist) permi 
hot dog and pretzel stand is opposite the 
street artist spaces, had requested that 
over to the April meeting of the Program 
him to meet with the Program Director and 
location to see whether his proposed new 
able to share the corner with the artists 
the flow of traffic. A variance may be r 
sioner Simon said the matter would be con 



Stanley Roth, one 
t-holders whose 

two requested 
the matter be put 
Committee to enable 

"survey" the 
display would be 

without hindering 
equired. Commis- 
tinued to April. 



II DISCUSSION ON PROPOSALS RECEIVED BY STREET ARTISTS PROGRAM 
FOR POSSIBLE DESIGNATION OF STREET ARTIST SELLING LOCATIONS 




City and County of 
San Francisco 



A. Harvey Mi 

These spa 
Utilities 
of Superv 
February 
the space 
artists . 
Director 
involved. 



Ik Plaza (Castro & Market Streets) - 7 spaces. 

ces were formerly approved by the Public 

Commission (Res. No. 92-0347) and the Board 
isors for the period of December 1, 1992 - 
28, 1993. The request for re-designation of 
s on a year-round basis came from various street 

The Program Committee asked that the Program 
pursue the request and contact the agencies 



B. Stockton Street, west side, O'Farrell to Market Streets 

- 3 spaces (request from Street Artists Robert and William 
Clark). Mr. William Clark explained that the proposed 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - January 11, 1995 Page 2 



spaces met all the Police and Fire Safety regulations 
of the Street Artists Ordinance, that the Art Commission 
had helped the Police Department in re-writing the Police 
Code to facilitate enforcement, that the artists would 
soon be losing six prime selling spaces further up Stock- 
ton Street due to re-construction of the building housing 
Dunhill's, that the Program Director intends to re-hire 
Police officers for increased enforcement, that this 
enforcement paid for by the street artists made a size- 
able dent in the enforcement problems downtown during 
the past Christmas season, and that illegal (non-licensed) 
vendors have used the proposed area of Stockton Street 
regularly until the Art Commission's hired Police enforced 
it. 

Mr Edward Lawson, Executive Director of the Union Square 
Association, explained that the proposed location is 
a very sensitive area because the sidewalk is narrow, 
there is the adjacent BART entrance, many automobiles, 
and the block is unstable due to the high turnover of 
store tenants. He acknowledged that the block has been 
used by illegal vendors and expressed his organization's 
appreciation for the enforcement efforts provided by 
the Street Artists Program during Christmas which made 
a positive impact downtown. However, the artists' request 
for additional spaces downtown was unjustified, as there 
are many existing spaces that are not being used, the 
spaces by Dunhill will be lost only temporarily and might 
be able to be relocated elsewhere in the immediate area, 
Christmas was poor for the store merchants, and whatever 
money is spent on the street does not go into the stores. 

Commissioner Simon directed Mr. Lazar to meet with Mr. 
Lawson at the proposed location, to explore other possible 
options for re-locating the Dunhill spaces, and to report 
on this matter at the next Program Committee meeting. 

C. Hyde Street, west side, Beach to Jefferson Streets 
(between bus zone and cablecar entrance) - 12 spaces 

(request from Street Artist Therese Koller). The Program 
Director presented a map he had drawn which showed that 
the proposed site would accommmodate eleven (11) - not 
twelve - spaces alongside a curb area of 94 feet, the 
first space to commence 5 feet from the crosswalk. Com- 
missioner Keeler asked Mr. Lazar to pursue the proposal 
with the National Park Service and the Fisherman's Wharf 
Merchants Association. 



STREET ARTISTS PROGRAM COMMITTEE - January 11, 1995 Page 3 



D. Cablecar plaza area (Beach & Hyde Streets), across from 
gazebo - 6 spaces (request from Street Artist Therese 
Roller) . The Program Director presented a map he had 
drawn which showed that the proposed site would accom- 
modate 6 spaces 4 feet apart from each other alongside 
a retaining wall, thereby requiring exemption from the 
5-foot distance-f rom-space regulation. Commissioner 
Simon asked Mr. Lazar to pursue the proposal with the 
National Park Service and the Municipal Railway. 

E. Jefferson Street, north side, at Hyde Street (adjacent 
to Maskell Marine Services) - 4 spaces (request from 
Street Artist Therese Koller). 

F. Jefferson Street, north side, Taylor to Mason Streets 

- 2 spaces (request from Street Artist Sherwin Stample). 

While Therese Koller was not present to support her pro- 
posal, Sherwin Stample spoke on behalf of his proposal. 
Street Artist Kathy Hallinan supported both proposals 
and spoke of the thousands of dollars spent by the artists 
for Police officers to patrol Jefferson Street as well 
as downtown and that the artists are vigilant and report 
situations to the Police. 

With regard to Item II (E), Program Director Lazar 
reported that while the site, a 36-foot red curb adjacent 
to a 14' 3" wide sidewalk, could accommodate 4 spaces, 
Mr. Don Maskell of Maskell Marine Services had telephoned 
him and said that 4 street artist stalls would 
effectively block the view of his store's window displays 
and would seriously hinder the store's income - a store 
which stands apart from other retail businesses on the 
block. 

Mr. Joe Wyman of the Port Commission's Planning Department 
asked that the two proposals for spaces on Jefferson 
Street be taken up with the Port Commission prior to 
consideration by the Art Commission's Program Committee, 
cited problems of congestion at the Wharf, and stated 
that Proposition H bans all non-maritime uses on Port 
property unless a comprehensive waterfront land use plan 
is adopted after an environmental impact report. 

Street Artist William Clark stated that Proposition L 
(Street Artists Ordinance) affords the street artists 
to go directly to the Board of Supervisors with requests 
for spaces prior to further approval by the Port 



STREET ARTISTS PROGRAM COMMITTEE - January 11, 1995 Page 4 



Commission of such requests on Port property, that the 
Board of Supervisors asked the Art Commission in 1975 
to voluntarily conduct hearings on such requests in order 
to facilitate the Board's deliberations, and that the 
Commission presently was performing that very task. Both 
William and Robert Clark stated that it would be possible 
for the Street Artists Program to remunerate the Port 
with a rental fee for artists' spaces. 

Street Artist James Millard stated that last summer repre- 
sentatives of the Port had appeared at the Board of Super- 
visors and blocked a previous request by the artists 
and the Art Commission for 4 spaces on Jefferson Street 
by stating that the Port needed time to consider uses 
of its property, that the Art Commission had withdrawn 
its request in deference to the Port, and that Supervisor 
Hallinan had written to the Port to request that the 
Port meet with the staff of the Street Artists Program. 

Mr. Wyman offered that the Port's Kirk Bennett or Fred 
White would be willing to meet with Mr. Lazar on the 
current proposals before they are brought back to the 
Art Commission; or, if these representatives are unable 
to meet, Director of Cultural Affairs Joanne Winship 
could telephone Port Director Dennis Bouey. 

Commissioner Simon directed Mr. Lazar to call on one 

of the three persons mentioned by Mr. Wyman for a meeting 

on the proposals and see if an agreement could be reached. 

G. Mason Street, west side, at Jefferson Street - 6 spaces 

(request from Street Artist Sherwin Stample). Street 
Artist Sherwin Stample stated that the site is free of 
any restrictions, such as bus stops, loading zones, door- 
ways, that would prohibit street artist spaces. In addi- 
tion, there was much foot traffic which would make the 
spaces viable. The Commissioners directed Mr. Lazar 
to work with Mr. Stample in pursuing the request. 

H. Leavenworth Street, west side, at Jefferson Street - 

the current 10 spaces used by portrait/ funsketch artists 
to be made available to all artists (request from Street 
Artist David Samuel). The Program Director gave the 
history of the spaces which, by default of non-portrait 
street artists, have been used traditionally and 
exclusively by portrait and funsketch artists because 
of the lighting and shelter conditions on the block. 
Mr. Lazar submitted a letter he received that day from 



STREET ARTISTS PROGRAM COMMITTEE - January 11, 1995 Page 5 



Mr. Christopher Martin, General Manager of The Cannery, 
in opposition to the spaces being used by non-portrait 
artists . 

While funsketch Street Artists Gerard Cracas and Martin 
Butschek asked that the Commission not make a decision 
until the other portrait artists become involved, Street 
Artists William Clark and James Millard said that other 
artists wanted to use the spaces because of the shortage 
of Program spaces and asked that the City Attorney be 
requested to clarify whether the Art Commission has the 
authority to reserve spaces for a particular type of 
street artist. 

Commissioner Simon tabled the item and directed Mr. Lazar 
to request the City Attorney for clarification on whether 
the Art Commission could be held legally liable 
for restricting spaces to a particular type of artist. 

I. Yerba Buena Gardens (request from Street Artist Tad Sky). 
Street Artist Tad Sky presented a map and described an 
open-space "art zone" at the Gardens which could accom- 
modate either four 10' x 10' spaces or eight 5' x 10' 
spaces against the 45' -long wall of the Center for the 
Arts Galleries, or four 5' x 10' spaces or two 5' x 20' 
spaces in the 45' x 5' plaza in front of the Theater. 
This would afford a flexible use of space similar to 
that at Justin Herman Plaza which, for twenty-two years, 
has allowed street artists to sell large-scale works 
of art which they could not sell in the regular 3' x 
4' spaces on the sidewalks. Commissioner Simon asked 
Mr. Lazar to work with Mr. Sky in pursuing the proposal. 

J. 6th Street, east side, at Brannan Street (adjacent to 
Flower Mart; and Brannan Street, north side, 5th to 6th 
Streets - undetermined number of spaces for Christmas 
selling season (request from Street Artist Barbara Pope). 
Program Director Lazar reported that he had not been 
furnished with details of the proposal and had not had 
opportunity to view the area. Commissioner Simon tabled 
the proposal. 

K. Fulton Mall (Fulton Street, Hyde to Larkin Streets); 

and Market Street, Hyde to Jones Streets - undetermined 
number of spaces (request from Planning Department as 
part of "Civic Center Strategic Plan" presented by 
Citizens for Safety in the Civic Center ). Ms. Susana 
Montana of the Planning Department discussed the 



STREET ARTISTS PROGRAM COMMITTEE - January 11, 1995 Page 6 



Strategic Plan as a plan for revitalizing and making 
safe the Civic Center area, for introducing mixed uses 
of certain buildings on a 24-hour basis, and for improv- 
ing the mid-Market Street area (between 5th and 8th 
Streets) by increasing the lighting, cleaning the side- 
walks, and asking property owners to open their boarded- 
up stores to local artists. While street artists, she 
said, would be reluctant to sell unless there are 
customers, the locations could be in place for them when 
they are ready to attempt ot sell. 

The Commissioners asked that the proposal be placed on 
a subsequent Program Committee agenda for a vote of 
recommendation . 

L. Relocation of spaces "B-44" through "B-54" to 5 feet 
from crosswalk (Beach Street at Larkin Street) on days 
when Cable Car Canteen is not present (request from 
Street Artist David Samuel). Street Artist Sherwin 
Stample stated that the owner of the mobile canteen told 
the artists that he would not object to this proposal. 
Commissioner Simon asked the Program Director to talk 
to him about it. 



III REPORT BY PROGRAM DIRECTOR ON SPECIAL LAW ENFORCEMENT SERV- 
ICES (POLICE ENFORCEMENT OF STREET ARTIST AND PEDDLING 
ORDINANCES) PROVIDED BY STREET ARTISTS PROGRAM IN DOWNTOWN 
AREA DURING CHRISTMAS SELLING SEASON, 1994 

As the Program Director had only recently received all of 
the Police Incident Reports and had not had time to put 
them into a summary, the item was continued to the next 
meeting of the Committee. 

IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN IS- 
SUANCE OF CERTIFICATE 

Kristine Mar - Certificate #4519 expired February 12, 1994; 
Ms. Mar's request for priority was received by the Program 
December 27, 1994. Ms. Mar stated that she had given up 
her certificate when her husband and she started a store 
business; when the business folded, they both could not 
afford to renew their certificates and decided that he would 
do so. Now, a year later, she was able to afford one for 
herself. Commissioner Simon moved that Ms. Mar's request 
for priority be approved with waiver of re-screening; the 
motion was seconded by Commissioner Keeler and unanimously 



STREET ARTISTS PROGRAM COMMITTEE - January 11, 1995 Page 7 



approved. 

RECOMMENDATION FROM 11/18/94 STREET ARTISTS LIAISON COMMIT- 
TEE TO RESCIND ART COMMISSION CERTIFICATION PROCEDURE 
(ADOPTED SEPTEMBER, 1994) OF COMMENCING VALIDITY OF A 
RENEWED CERTIFICATE ON THE DAY OF ITS PAYMENT WITHIN THE 
10-DAY GRACE PERIOD; RECOMMENDATION TO RE-ADOPT PREVIOUS 
PROCEDURE OF BACKDATING VALIDITY OF A RENEWED CERTIFICATE 
TO PREVIOUS EXPIRATION DATE 

Street artist James Millard favored the proposed rescission; 
he said the current procedure allowed artists to get away 
with extra days of selling without having to pay for them. 

Street Artist William Clark stated that he was at the 
November 18 Liaison Committee meeting where the members 
were divided on the issue and the recommendation passed only 
by a 5 to 4 vote; he was opposed to rescission; many street 
artists have expressed their appreciation for the new pro- 
cedure. 

Commissioner Simon stated that because the new procedure 
had been adopted only four months previously and her Com- 
mittee had spent a great deal of time in hearing the matter, 
a full year should be given to implementing the procedure 
before considering its rescission. Commissioner Keeler 
stated agreed that it required the crucible of time and 
that it should be re-considered after summer. 

With respect to this discussion on licensing, the Commis- 
sioners asked the Program Director to vigorously enforce 
the section of the ordinance which requires street artists 
to display their certificate while selling. Commissioner 
Keeler requested that a discussion on methods of such 
enforcement be placed on the Committee's next agenda. 

The Commissioners also asked that another item relevant 
to licensing be placed on the next agenda: a discussion 
on restricting artists who fail to produce their certif- 
icate at the lottery from obtaining a selling space in 
the lottery. 

The meeting adjourned at 5:48 p.m. 



Respectfully submitted: 



ward 




Howard Lazar, Director 
Street Artists Program 



Mr 



S|F 



AC 



SA 



N 



FRANCISCO >j^T COMMISSION 



/^TREET ARTISTS PR OGRAM ^ COMMITTEE 



FEB 11995 

SAN FRANCISCO 
PUBLIC LIBRARY 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art Note : 



Street Artists Licenses 

Suite 70 

415.252.2581 



Wednesday, 

3:00 

Art Commission 




995 



Conference Room 




AGE 

Public testimony is invited 
(3) minutes per person. No 
shall cross-examine another 



N D A 

and shall 
member of 
member of 



be limited 
the public 
the public 



to 
or 
or 



three 

witness 

witness 



unless approved by the Program Committee. 



I REPORT ON STAFF INVESTIGATION OF PROPOSED THREE (3) STREET 
ARTIST SELLING SPACES ON STOCKTON STREET, WEST SIDE, AT 
O'FARRELL STREETS 

II REPORT BY PROGRAM DIRECTOR ON SPECIAL LAW ENFORCEMENT 
SERVICES (POLICE ENFORCEMENT OF STREET ARTIST AND PEDDLING 
ORDINANCES) PROVIDED BY STREET ARTISTS PROGRAM IN DOWNTOWN 
AREA DURING CHRISTMAS SELLING SEASON, 1994 

III HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Inga Abramova - Certificate #4669. Alleged violation: 
Selling in a location not designated by Board of Super- 
bisors (Stockton St., west side, Geary to O'Farrell 
Sts. -December 11, 1994). 

B. Rafael Mendoza - Certificate #4415. Alleged violation: 
Selling in locations not designated by Board of Super- 
visors (Powell Street - December 10 and 21, 1994); 
submitted by Police reports. 

C. Jamie Erfurdt - Certificate #3804. Alleged violation: 
Selling in a location no designated by Board of Super- 
visors (535 Market Street - December 21, 1994); sub- 
mitted by Police report. 

IV DISCUSSION ON METHODS OF ENFORCING DISPLAY OF CERTIFICATE 

V DISCUSSION ON RESTRICTING ARTISTS WHO FAIL TO PRODUCE THEIR 
CERTIFICATE AT LOTTERY FROM ENTERING LOTTERY 

VI DISCUSSION ON ART COMMISSION'S AUTHORITY TO DENY ISSUANCE 
OF A CERTIFICATE TO A FORMER CERTIFICATE-HOLDERS WHO FAILED 
TO SERVE THEIR CERTIFICATE'S SUSPENSION AND HAVE BEEN 
OBSERVED VIOLATING THE STREET ARTISTS ORDINANCE 



City and County of 



San Francisco V II DISCUSSION ON PROPOSAL FOR PERMANENT STREET ARTIST SPACES 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - February 8, 1995 Agenda 
Page 2 

A. Market Street, north side, Battery to Sansome Streets 

- 10 spaces. Proposal to request ten temporary Christmas 
season spaces to be made permanent. (Proposal from Street 
Artist Debra King) 

VIII DISCUSSION AND APPROVAL AND/OR REVISIONS TO 95-96 STREET 
ARTISTS PROGRAM BUDGET 

(A copy of the 1995-96 Street Artists Program Budget is 
available upon request to the office of the Street Artists 
Program, (415) 252-2581.) 

IX ADJOURNMENT 



ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and tlie 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Comminee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate Uiese individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Sonia Gray in the Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 






SAN FRANCISCO ART COMMISSION 



January 25, 1995 



MEMORANDUM 



PROGRAMS 

To: 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education „ 

Cultural Eqjjity Grants ^ E"Om 

Gallery 

POPS Symphony Concerts 

Public Art 



Re: 



Street Artists Licenses 

Suite 70 

415.252.2581 



Commissioners Terri Simon, Emily Keeler, Tom Flynn - 
Street Artists Program Committee 

Howard Lazar, Director, Street Artists Program 

Special Law Enforcement Service (S.F.P.D.) in the Down- 
town-Union Square area, Christmas Season 1994, Hired 
by Street Artists Program 




"He was charging persons forty-five dollars for each sweater 
and fifteen for each scarf. The cardboard boxes were 
obstructing the sidewalk and creating a hazard for 
pedestrians. ..." (report by Officer Baca, 12/15/94) 

"It should be noted that I advised ( ) . . . not to sell 
his items without a permit a few weeks ago. ( ) has 
also been cited three times in the recent past ..." (report 
by Officer Liu, 12/21/94) 

He had the above listed property" (purses) "display on 
a table and was opening them for business. I had cited 
( ) on Saturday" (12/17/94) "for the same type of inci- 
dent." (report by Officer Cheung five days later, 12/22/94) 

"Some of the purses had price tags which were priced at 
forty-five dollars. ... It should be noted that ( ) 
told me that she buys the purses in Los Angeles wholesale 
and sells them on the street." (Officer Baca, 12/24/94) 

"... He had two boxes of scarves set up in front of him 
and he was selling them for $3.00 each ..." (Officer 
Cheung, 12/17/94) 



These are some of the comments from the Poli 
Reports about unlicensed vendors in Downtown S 
during the 1994 Christmas selling season. For th 
secutive year, off-duty Police officers were hire 
Commission's Street Artists Program to enforce th 
ordinance. The Street Artists Program, entirely 
from its license fees, increased its annual budge 
$15,000 to pay for this enforcement not only duri 
season but also during summer at Fisherman's Whar 
various weekends throughout the year. 



ce Incident 
an Francisco 
e third con- 
d by the Art 
e street artist 
self-supporting 
t to provide 
ng the Christmas 
f and during 



city and county of As i n the previous two years, officers were hired for the 

San Francisco Christmas season to crack down on unlicensed (non-street artist) 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



MEMO: Street Artists Program Committee - 1/25/95 Page 2 
Re: Special Law Enforcement, Christmas 



vendors who obstruct the sidewalks, sell goods not authorized 
by the Police or the Art Commission, and represent untaxed and 
unfair competition for the street artists and the stores. Our 
order to the Police was to cite such individuals under MPC 869 
and to confiscate their merchandise. 

Again, thanks to the perseverance of Sgt. Michael Thompson 
of the Police Department's Special Law Enforcement Services, 
a van was reserved for this assignment which enabled the officers 
to load up the confiscated merchandise during the course of 
each day and to transport it to the station at the end of the 
day. Because of this, the officers' presence on the streets 
was guaranteed throughout the day on most days. 

As a result of this procedure, the following major items 
being sold by unlicensed vendors were confiscated and trans- 
ported out of Downtown: 

278 scarves + 20 boxes of scarves 
78 pairs of gloves + 4 boxes of gloves 
78 purses/wallets + 21 boxes of purses/ 

wallets 
11 sweaters + 1 box of sweaters 

21 boxes of jewelry/watches 
12 boxes of neckties 

Other types of confiscated items were umbrellas, paper "snakes," 
foam "antlers," fanny packs, barrettes, mistletoe, coffee 
packets, "reindeer" candycanes, posters, Russian lapel pins, 
knitted caps and slippers, and display tables and handcarts. 

The enforcement period encompassed 14 days (70 day hours 
and 42 night hours - the same as last year's enforcement) over 
an area expanded from Stockton Street, Sutter to Market, and 
Market Street, 4th to 5th Streets (last year's assignment) to 
Post Street, Montgomery and Market Streets, and Market Street, 
Sutter and Sansome Streets. This "T"-shaped route has been 
traditionally the most violated Downtown area by unlicensed 
vendors, as observed by the Police and the Street Artists Program 
staff not just during the previous Christmas but throughout 
1994. 

The enforcement over this expanded territory resulted in 
39 incidents of confiscation - 4 less than last year's total 
from a more restricted territory. It is my perception, from 
first-hand observation, that this reduction of incidents was 
due to the prevailing knowledge of the officers ' presence in 



MEMO: Street Artists Program Committee - 1/25/95 Page 3 
Re: Special Law Enforcement, Christmas 



the area and the memory of last year's confiscations. 

It was also my own observation that Stockton Street, Sutter 
to Market Streets - traditionally, until last Christmas, the 
major area of unlicensed vendors - was "clean" during the entire 
14-day enforcement period. 

The cost in street artist fees of the Christmas enforcement 
was $4,456 (an increase of $292 over last year's job). One 
officer was assigned for each day; some worked more than one 
day. In all, 7 officers were hired. Please see the attached 
sheet detailing "INCIDENTS OF CONFISCATION AND CITATION" 
performed by the officers. 

In summary, the following comparison of assignments over 
the past three Christmas seasons is encouraging: 



1992 



1993 



TOTAL DAYS: 


15 


14 


TOTAL DAY HRS : 


82.5 


70 


TOTAL NITE HRS: 


34.5 


42 


AREA OF ENFORCE- 


Downtown 


Stod 


MENT: 


+ Union 


(Sut 




Square 


Mark 



(Stockton/5th) 



1994 

14 

70 

42 

Same as 1993 
+ Post (Mont- 
gomery/Market ) 
+ Market (Sut- 
ter/Sansome) 



INCIDENTS OF 
CONFISCATION: 



30 



43 



39 



In response to criticism of this assignment by some street 
artists, let me say that it still proved necessary for the 
officers to verify that our own artists were selling in their 
legal spaces. The Incident Reports reveal that there were five 
street artists who were cited for not selling in legal spaces. 
One of the five was cited on two occasions and has served a 
suspension for selling in illegal locations a year before. 
Three of the five unfortunately had their merchandise confiscated 
(which was not part of the orders). 

In summary, it was again proven that with personnel 
thoroughly knowledgeable about the laws governing street artists, 
peddlers, and charitable solicitors, and with a van and the 



MEMO: Street Artists Program Committee - 1/25/95 Page 4 
Re: Special Law Enforcement, Christmas 



transport of merchandise at the end of each day, the city's 

busiest retail thoroughfare was kept clear of unlicensed vendors 

during the major business hours for two weeks before Christmas. 

On this route, illegal tax-free competition for the street 

artists and the stores was, for the major hours, eliminated. 

It was proven also that the previous year's restricted 
Stockton/Market route could be expanded effectively to Market/ 
Montgomery and Market/Sutter , yielding an expanded territory 
of Police presence. 

A positive by-product of the Christmas enforcement paid 
for by the street artists is that this expanded territory of 
Police presence increased the deterrent against all crime. 

With regard to the unlicensed vendors themselves, it was 
observed from the Police reports that while their merchandise 
was confiscated and held until court hearing, many of the 
offenders were back out on the street, replenished with 
merchandise; many were repeat offenders from previous years; 
and, at the time of this writing, we have received reports that 
some have resumed selling at Montgomery and Market and at 
Sansome/Sutter/Market . Why are they able to continue their 
illegal activities? 

I have written to the District Attorney's office with a 
list of numbers of all the confiscation incidents from this 
past Christmas and an enquiry as to the status of each: Is the 
case being prosecuted? Was it prosecuted? Was a fine or penalty 
imposed? What was the fine or penalty? Was the case dismissed? 

As you know, any street artist who is found in your 
Committee's hearings to have sold in an illegal location may 
receive a suspension of his certificate for three weeks for 
a first offense, six weeks for a second offense, and possible 
revocation for a third offense - and most such cases receive 
these standard penalties. Furthermore, any street artist who 
is found by your Committee to have sold items not of his own 
creation (that is, merchandise manufactured by someone else) 
may receive a two-month suspension for a first offense and 
revocation for a second offense - and most such cases have indeed 
received these standard penalties. The Commission's penalties 
and hearing procedure, coupled with staff and Police monitoring, 
are a formidable deterrent to potential violations by street 
artists. In addition, the artists' business tax registration 
with the Tax Collector makes them easily identifiable for 
enforcement purposes. 



MEMO: Street Artists Program Committee - 1/25/95 Page 5 
Re: Special Law Enforcement, Christmas 



But the unlicensed vendors - persons of whom it is doubtful 
are registered with the Tax Collector and who pay no funds to 
the City for using the people's sidewalks - continue their 
activities throughout each year and are only restricted dramatic- 
ally when the Art Commission pays for special enforcement. 

It is time to find out where the problems exist. Are the 
fines for unlicensed vending insignificant or not imposed at 
all? How many cases cited by the Police get to court? On many 
occasions in recent years we have heard Police officers express 
frustration over the fact that various unlicensed vendors they 
cite are dismissed by court or not prosecuted, and they re-appear 
Downtown with merchandise replenished by their suppliers. This 
is supported by other quotes from the recent Incident reports: 

"As I have cited ( ) many times in the past for the 
same charge, 869 MPC, and " (the vendors') "display was 
blocking the sidewalk ..." (Officer Gregory, citing two 
unlicensed vendors on 12/9/94) 

" ( ) is a known subject who sells merchandise with- 
out a valid permit " (Officer Tom, 12/21/94) 

Since these persons do not replenish the general fund or 
the Street Artists Program's fund with the ongoing costs of 
the enforcement of their activities, perhaps it is time to 
consider asking for a City Attorney clarification on whether 
the City would be able to donate the confiscated warm scarves, 
sweaters, gloves, and other items to its shelters and assistance 
programs. If the City itself can't get the revenue to replenish 
the costs of enforcement, then at least a good number of people 
could benefit from this clothing and other essentials. It goes 
without saying that 278 homeless folks would greatly appreciate 
278 scarves. 

Attachment (1) 

cc: All Art Commissioners 

Director of Cultural Affairs Joanne Chow Winship 
Captain John E. Willett, Central Station, S.F.P.D. 
Sgt. Michael Thompson, Special Law Enforcment Services 
All Officers listed in this memo 

All Members, Street Artists Liaison and Lottery Committees 
All Downtown merchant and building owner associations and 
stores listed on the Street Artists Program's mailing list 
All artists on Program's mailing list 



SPECIAL LAW ENFORCEMENT SERVICES (S.F.P.D.) HIRED BY 
ART COMMISSION STREET ARTISTS PROGRAM FOR CHRISTMAS SEASON, 1994 

INCIDENTS OF CONFISCATION OF UNLICENSED MERCHANDISE 



DATE 



OFFICER 



CONFISCATED 
MERCHANDISE 



NUMBER OF 
INCIDENTS 



NUMBER 
OF CITES 



Friday 
12/9 



T. Gregory 



7 boxes jewelry, 
wallets, fanny- 
packs; 1 box each: 
scarves, ties, 
scarves/barrettes ; 
1 handcart;. 1 bag 
each: gloves, ties, 
sweaters; 1 box 
each: handbags, ties, 
scarves; 1 table; 1 
handcart 



Sat 
12/10 



C. Liu 



Sun 
12/11 

Thurs 
12/15 



ii ii 



A. Baca 



25 "reindeer ears"; 
25 mistletoe; 6 um- 
brellas; 1 box um- 
brellas; 1 board 
jewelry; 1 bag jewel- 
ry; 1 table 



1 box "magic worms" 



63 scarves; 65 
scarves; 78 gloves; 
72 scarves; 61 
scarves; 1 dolly; 
9 boxes ties/scarves; 
1 handtruck; 11 
sweaters; 9 scarves; 
1 bag scarves/um- 
brellas/ties; 1 chair; 
bixes of ties/scarves 






Fri 
12/16 



Sat 
12/17 



Sun 
12/18 



D. Albright 



E. Cheung 



A. Baca 



3 boxes scarves; 1 
box ties; 40 hand- 
painted switchplates 

1 box purses/bags; 
21 gift baskets; 

2 boxes scarves; 1 
bag handbags 

basket "reindeer" 
candycanes; 36 



Tues 
12/20 


C. 


Tom 


Wed 
12/21 


ii 


ii 



INCIDENTS OF CONFISCATION (continued) 

Page 2 

purses; 37 leather 
bracelets; 1 table; 
10 hairbows; 7 cro- 
cheted slippers; 8 
crocheted scarves; 
7 crocheted potcov- 
ers; 1 chair; 2 
metal trays 

Mon S. Ng 3 boxes scarves; 3 5 

12/19 1 box gloves; 3 boxes 

ties; 1 handtruck; 2 

tables; 4 boxes cos- 
tume jewelry/leather 

goods/watches; 1 toy 

"snake"; 3 boxes 

scarves; 1 box gloves; 

1 handtruck 

5 wire figures; 5 3 3 

etchings; 11 bags 
of coffee 

assorted metal pins; 3 5 

assorted Russian 
jewelry boxes, light 
plates, mini-picture 
frames; 1 table; 5 
foam "antlers"; as- 
sorted unbrellas; 1 
folding cart 

Thurs E. Cheung purse; boxes ties; 3 3 

12/22 box earrings 

Fri C. Liu 3 purses; 1 wallet; 2 2 

12/23 6 trays watches; 1 

table; 7 knit caps; 

13 candles; 3 

wreaths 

Sat A. Baca 27 purses; 10 wal- 4 4 

12/24 lets; numerous T- 

shirts /hats /scarves/ 

gloves; numerous 

posters 

Mon D. Albright 

12/26 

(compiled from Police 
Incident Reports received 
from S.L.E.S., January, 1995 
- Howard Lazar, Art Commission 





AN FRANCISCO 'ART COMMISSION 




STREET ARTISTS PROGRAM COMMITTEE 



February 8, 199! 

Art Commis's- ion Co nference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

public art Commissioners present: Emily Keeler, Terri Simon 



yi 



M 



N U 



Mar 



2 1995 



----co 



strhtartists licenses Commissioner absent: Tom Flynn 

Suite 70 

Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Worthy 

Commissioner Keeler, Chair, called the meeting to order at 3:10 
p.m. 

I REPORT ON STAFF INVESTIGATION OF PROPOSED THREE (3) STREET 
ARTIST SELLING SPACES ON STOCKTON STREET, WEST SIDE, AT 
O'FARRELL STREET 



Program Director Lazar reported that he had surveyed the 
proposed sites with the assistance of the two street artists 
who were proposing them, William and Robert Clark, and he 
found that all three would meet all of the safety 
regulations provided in Ordinance 41-83 - they would even 
permit a pedestrian passageway a half foot wider than what 
is required, and the location nearest a standpipe would 
be thirty-six and a half feet farther away than what is 
required. 

Mr. William Clark proposed that the placement of the second 
space (from the O'Farrell corner) be adjusted so that it 
would be three feet away from the light pole instead of 
one and a half feet as originally planned. Mr. Clark also 
testified that the artists lost three prime Christmas 
season spaces on Post at Stockton when Tiffany Co. took 
over the Qantas Building; the artists also lost two prime 
spaces on Jefferson Street due to construction of a doorway; 
and they were now losing four spaces adjacent to Cost Plus 
due to construction. The three spaces proposed for Stockton 
Street should be considered as a reciprocal measure. 




City and County of 
San Francisco 



The Commissioners directed Mr. Lazar to proceed with 
negotiating with the downtown merchants for the spaces. 

REPORT BY PROGRAM DIRECTOR ON SPECIAL LAW ENFORCEMENT SERV- 
ICES (POLICE ENFORCEMENT OF STREET ARTIST AND PEDDLING 
ORDINANCES) PROVIDED BY STREET ARTISTS PROGRAM IN DOWNTOWN 
AREA DURING CHRISTMAS SELLING SEASON, 1994 



25 IVan Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - February 8, 1995 Page 2 



Mr. Lazar summarized the major points of his January 25, 
1995 report which was mailed to all Art Commissioners, 
the Police Department, and all street artists, store mer- 
chants, and merchant and building owner associations on 
the Street Artists Program's mailing list. The report 
listed the major items, and their amounts, confiscated 
from the illegal vendors by the officers hired by the 
Program. The amounts included 278 wool scarves and 20 
boxes of scarves. There were 39 incidents of confiscation 
during the 14-day enforcement period which kept "clean" 
. Stockton Street (the major area of unlicensed vendors) 
during the major business hours of the two weeks prior 
to Christmas. In addition, the route was expanded to cover 
Market, Post and Montgomery, and Market and Sutter Streets. 

In response to his letter inquiring about the status of 
the cases of those persons who were cited, the District 
Attorney's office told Mr. Lazar that the majority of 
the cases was discharged by the D.A. because of a lack 
of resources to prosecute them, as the cases were 
misdemeanors and not infractions which would have warranted 
immediate payment of fines. If the 47 citations issued 
last Christmas were to each yield a fine of $100, the total 
amount would be more than what the Street Artists Program 
paid from its for the winter enforcement. 

After much discussion by the Commissioners and the artists, 
Commissioner Keeler directed Mr. Lazar to find a way in 
which the citations could be automatic fines and the fines 
could be reverted to the Street Artists Program or the 
Art Commission. 

III DISCUSSION ON METHODS OF ENFORCING DISPLAY OF CERTIFICATE 

The Commissioners directed Mr. Lazar to vigorously enforce 
the provision of the street artist ordinance which requires 
the display of certificate; this will help the Police in 
their enforcement as well. 

The Commissioners lauded Street Artist Eunice Rodriguez 
for her initiative the previous weekend in confronting 
a street artist violator who refused to show his 
certificate. 

IV HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Rafael Mendoza - Certificate #4415. Alleged violation: 



STREET ARTISTS PROGRAM COMMITTEE - February 8, 1995 Page 3 



Selling in locations not designated by the Board of 
Supervisors (Powell Street - December 10 and 21, 1994); 
submitted by Police reports. 

Mr. Mendoza was not present. Under the Art Commission's 
"Hearing Procedure of Street Artist Violations," the 
Program Committee was authorized to hear the case in 
the artist's absence and possibly recommend the penalty 
for the violation for which the artist was charged. 

Program Director Lazar submitted copies of Police 
Incident Reports of December 10 and 21, 1994, written 
by Officers Curtis Liu and Craig Tom, respectively, 
citing Rafael Mendoza for selling in undesignated 
locations on Powell Street. Mr. Lazar also presented 
a copy of his November 30, 1994 letter warning Mr. 
Mendoza against continued selling in illegal locations. 
Also presented was a copy of the January 18, 1995 field 
inspection report by Program Certification Clerk 
Antoinette Worthy which stated that Mr. Mendoza was 
observed by Ms. Worthy as selling "in an undesignated 
space on Powell Street"; this was almost a month after 
Mr. Mendoza had been last cited by the Police. 

The Commissioners noted, from his file, that Mr. Mendoza 
had served a three-week suspension (standard penalty 
for first offense) for having been found selling in 
illegal locations on five occasions in 1993. 

Officer Craig Tom testifed to his December 21st report: 
he had observed Mr. mendoza set up in the illegal 
location, adjacent to 152 Powell Street, with a fold- 
out table and suitcase displaying monogrammed wrist 
bracelets. The officer recognized him from previous 
citing incidents; he had cited him twice before in 1994. 
According to the officer, Mr. Mendoza said he did not 
have time to go to the street artists ' lottery to get 
a legal space and said that he understood the citation. 

Certification Clerk Worthy testified to her field inspec- 
tion report of January 18th and that when she accosted 
him in the illegal location, Mr. Mendoza told her that 
he had tried selling in the legal spaces but that traffic 
there was not so good. She warned him that a second 
offense for selling in an illegal location could give 
him a six-week suspension. 

Commissioner Simon moved that Rafael Mendoza be found 



STREET ARTISTS PROGRAM COMMITTEE - February 8, 1995 Page 4 



in violation of the street artist ordinance by selling 
in a location not designated by the Board of Supervisors, 
second offense, and that Mr. Mendoza's certificate be 
suspended for a period of six (6) weeks; the motion 
was seconded by Commissioner Keeler and unanimously 
approved. 

B. Jamie Erfurdt - Certificate #3804. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors (535 Market Street - December 21, 1994); 
submitted by Police report. 

Ms. Erfurdt was not present. Under the Art Commission's 
"Hearing Procedure of Street Artist Violations," the 
Program Committee was authorized to hear the case in 
the artist's absence and possibly recommend the penalty 
for the violation for which the artist was charged. 

Program Director Lazar submitted a copy of the Police 
incident report of December 21, 1994 written by Officer 
Craig Tom. Mr. Lazar also presented a January 9, 1995 
letter from Ms. Erfurdt to him which stated that she 
was "in the process of moving" to a legal space when 
the officer cited her, and that she had received "an 
official notice that charges were dropped" and she "would 
not need to appear in court." Mr. Lazar stated the 
the Art Commission's administrative proceeding in this 
matter was separate from any criminal proceeding. 

Officer Craig Tom testified to his report of December 
21st. Before citing Ms. Erfurdt, he drove by the area 
and counted ten street artists in the area's nine legal 
spaces. He then encountered three unlicensed vendors 
across the street, at Sansome and Market. As he was 
citing these vendors, he witnessed Ms. Erfurdt across 
the street (in the street artist area) displaying her 
scarves on the concrete bench; there were customers 
trying on the scarves, and he watched her for fifteen 
minutes conversing with them. In all, Ms. Erfurdt 
was displaying items in the location for approximately 
twenty to thirty minutes. When he walked across the 
street, she saw him, packed up, and attempted to move 
when he approached her. He verified that she was the 
only artist, among the ten, who did not have a lottery 
slip for any of the nine spaces. 

Commissioner Simon moved that Jamie Erfurdt be found 
in violation of the street artist ordinance by selling 



STREET ARTISTS PROGRAM COMMITTEE - February 8, 1995 Page 5 



in a location not designated by the Board of Supervisors 
and that Ms. Erf urdt ' s certificate be suspended for 
a period of three (3) weeks; the motion was seconded 
by Commissioner Keeler and unanimously approved. 

C. Inga Abramova - Certificate #4669. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors (Stockton Street, east side, Geary to O'Far- 
rell Streets - December 11, 1994). 

Ms. Abramova was not present. Under the Art Commission's 
"Hearing Procedure of Street Artist Violations," the 
Program Committee was authorized to hear the case in 
the artist's absence and possibly recommend the penalty 
for the violation for which the artist was charged. 

Lottery Committee Member Eunice Rodriguez testified 
to her January 23, 1995 letter-report describing Ms. 
Abramaova ' s alleged selling in an illegal location on 
December 11th; Mrs. Rodriguez also identified Ms. Abram- 
ova and her display in two photographs she took of her 
on that date: Ms. Abramova was selling in a nondesig- 
nated location next to Street Artist Zbigniew Dorosz- 
kiewicz who was identified by Mrs. Rodriguez as selling 
in legal space "Z-51." Mrs. Rodriguez testified that 
she asked Ms. Abramova to move three times, but that 
Ms. Abramova told her she was waiting for her mother 
to pick her up. According to Mrs. Rodriguez, Ms. Abra- 
mova was occupying the illegal location with her 
hats on full display for forty-five minutes, and at 
no time was her merchandise covered. 

The Commissioners observed from the photos that the 
hats were completely on display and thereby were exposed 
for sale (as stated in the ordinance) in an illegal 
location . 

Commissioner Simon moved that Inga Abramova be found 
in violation of the street artist ordinance by selling 
in a location not designated by the Board of Supervisors 
and that Ms. Abramova ' s certificate be suspended for 
a period of three (3) weeks; the motion was seconded 
by Commissioner Keeler and unanimously approved. 

DISCUSSION ON RESTRICTING ARTISTS WHO FAIL TO PRODUCE THEIR 
CERTIFICATE AT THE LOTTERY FROM ENTERING THE LOTTERY 

Lottery Committee Members Giselle Downard, Virginia 



STREET ARTISTS PROGRAM COMMITTEE - February 8, 1995 Page 6 



Burris and Kathy Hallinan and Street Artists Ray Jones, 
Leah Mazor, and William Clark participated in a discussion 
with the Commissioners, and the following points were made: 
(1) The Lottery Committee should continue to allow for 
occasional human error on the part of an artist who forgets 
to bring their license to the lottery; (2) Lottery Members 
should continue to call in to the Program the name ( s ) of 
any artist (s) who did not have their licenses to show and 
were allowed into the lottery, so that the staff can 
verify whether they have valid licenses; (3) Action should 
be taken against any artist who tries to get into the 
lottery more than once without a license, and such offenses 
should be reported by a Lottery Member so that the Program 
Director could send a warning notice to the artist; (4) 
If such a person were found by staff to have an expired 
license, the Program Director could forward this information 
to the Police so that the person could be cited under MPC 
869 (obstruction of thoroughfare). 

Certification Clerk Worthy informed the Commissioners that 
only four out of the nine Lottery Members call the office 
regularly to report individuals let into the lottery without 
their licenses. Commissioner Simon asked Mr. Lazar to 
remind such members of their responsibility and to send 
a warning to any artist whose name appears more than once 
on the call-in sheets. 

VI DISCUSSION ON ART COMMISSION'S AUTHORITY TO DENY ISSUANCE 
OF A CERTIFICATE TO FORMER CERTIFICATE-HOLDERS WHO FAILED 
TO SERVE THEIR CERTIFICATE'S SUSPENSION AND HAVE BEEN 
OBSERVED VIOLATING THE STREET ARTIST ORDINANCE 

Street Artist William Clark stated his position that the 
Program Director should deny issuance of a license to a 
former certificate-holder who failed to serve his/her 
certificate's suspension and has been observed in viola- 
tion of the street artist ordinance, until the artist 
requests a hearing to obtain a certificate and the Com- 
mission approves the request. 

Commissioner Simon expressed a disinclination to grant 
such persons a new certificate, as their selling without 
a license may be considered as taking away income from 
those artists who are paying for licenses. 

VII DISCUSSION ON PROPOSAL FOR PERMANENT STREET ARTIST SPACES 






STREET ARTISTS PROGRAM COMMITTEE - February 8, 1995 Page 7 



Market Street, north side, Battery to Sansome Streets - 
10 spaces: Proposal to request ten (10) temporary Christmas 
season spaces to be made permanent. (Proposal from Street 
Artist Debra King) 

The Program Director reported that the ten spaces have 
for many years been designated by the Board of Supervisors 
as temporary Christmas season spaces, and that these spaces 
meet all of the safety regulations of the street artist 
ordinance. 

Mr. Robert Kraft, Construction Coordinator of Cushman & 
Wakefield of California, Inc., asked that the Art Commission 
not recommend approval of the spaces for the following 
reasons: (1) The spaces are near the Zellerbach building 
which is a landmark, and the Commission should honor this; 
(2) street artists would detract from this landmark; (3) 
Cushman and Wakefield is concerned that the artists will 
next ask for the spaces they once had as Christmas spaces 
across the street by Citicorp and the BART entrance. Mr. 
Kraft asked that the ten spaces be left as Christmas spaces 
and not be made permanent. 

Street Artist Debra King stated that the ten spaces are 
not near the BART entrance, and that they are alongside 
the curb of Market Street, leaving more than enough room 
for the coffee kiosk and the bicycle messengers who gather 
at the kiosk. 

Program Director Lazar reminded the Commissioners that 
the Program relinquished the three spaces adjacent to 
Citicorp several years ago when Citicorp said they would 
not negotiate over the three until the existing hordes 
of unlicensed vendors on Sansome Street disappeared, and 
that the Street Artists Program has been the one agency 
to take the initiative to enforce the law against these 
violators by paying for off-duty Police officers to cite 
them and confiscate their merchandise. 

Street Artist Kathy Hallinan said that her Program spent 
$5,000 on the Police to clean up that street and other 
areas and requested the Committee to ask Mr. Kraft to tell 
that to his people. 

Street Artist William Clark proposed that the spaces be 
designated as permanent for one year subject to review. 

Commissioner Keeler directed Mr. Lazar to contact the 



STREET ARTISTS PROGRAM COMMITTEE - February 8, 1995 Page 8 

Zellerbach building people and to discuss the proposal 
for the ten spaces with them. 

VIII DISCUSSION AND APPROVAL AND/OR REVISIONS TO 95-96 STREET 
ARTISTS PROGRAM BUDGET 

Street Artist Ray Jones told the Commissioners that the 
Program's 1995-96 budget was well thought out, and that 
the $15,000 earmarked for the Police Department to enforce 
the ordinance has a positive effect on the Program because 
it protects the artists and also deters artists from har- 
rassing other artists. 

Commissioner Simon moved to approve the Street Artists 
Program's 1995-96 budget; the motion was seconded by 
Commissioner Keeler and unanimously approved. 

The meeting adjourned at 5:12 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



r 

HIS 



S F 



A C 



PROGRAMS 



SAN FRANCISCO ART COMMISSION 



\\ 



w 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, March 8, 1995 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



MAR 311995 

SAN FRANCISCO 
PUBLIC LIBRARY 



M 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants M I N U 

Gallery 

POPS Symphony Concerts 

public ARTCommissioners present: Emily Keeler, Tom Flynn, Terri Simon 

street artists licenses Staff present: Director of Street Artists Program Howard Lazar 
Suite70 Certification Clerk Antoinette Worthy 

415.252.2581 J 

Commissioner Keeler, Chair, called the meeting to order at 3:00 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY PROGRAM 

DIRECTOR TO REQUEST CITY ATTORNEY FOR DRAFT ORDINANCE AMEND- 
ING BUSINESS TAX ORDINANCE TO REQUIRE TAX COLLECTOR TO 
EXEMPT FROM PAYMENT OF ANNUAL REGISTRATION CERTIFICATE 
FEE ANY SMALL BUSINESS WHOSE GROSS RECEIPTS DERIVED FROM 
SAN FRANCISCO ARE LESS THAN $15,000 AND TO REQUIRE TAX 
COLLECTOR TO APPLY SUCH EXEMPTION RETROACTIVELY FOR FIVE 
YEARS PRIOR TO ENACTMENT OF AMENDMENT 




City and County of. 
San Francisco 



Program Director Lazar explained the background for this 
item. A street artist requested his help because the Tax 
Collector's Business Tax Division was requesting her to 
pay the annual registration certificate fee of $150 for 
each of the years 1992 and 1993 based on her business' s 
total gross income rather than exclusively on the portion 
of that income which was derived from doing business in 
San Francisco as a street artist. The artist's total gross 
income for each of the years was over $15,000; had it been 
under $15,000, she would be exempt from paying the $150 
fees. Although she submitted evidence that the San Fran- 
cisco portion of her income was well under $15,000 and 
argued that she should be exempt from paying the fees, 
the Business Tax Division is authorized to consider a bus- 
iness 's total gross which includes amounts made outside 
of San Francisco. Ordinance 538-88 states: "... 'gross 
receipts' means the total gross receipts of a business 
whether or not the gross receipts are taxable or are at- 
tributable to business within the City and County of San 
Francisco ..." 

The Program Director stated that this was one of many street 
artists who, over the years, have told him that the San 
Francisco portion of their income was not the bulk of their 
income, that, to compensate for lean times on the street, 
they participated in fairs and shows outside of San Fran- 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - March 8, 1995 Page 2 



Cisco; the income derived from these added to their San 
Francisco income often made for a total which was more 
than $15,000 and thereby made it mandatory for them to 
pay the Tax Collector's $150 fee. At the same time, 
such artists invariably were paying business registra- 
tion and taxes on their sales to those counties outside 
of San Francisco in addition to paying the Tax Collector's 
business registration fee and the Art Commission's street 
artist certificate fee. 

An irony in the business tax law, the Program Director 
noted, is that while the Tax Collector is allowed to 
consider a small business 's entire gross receipts in levy- 
ing the registration fee, the Tax Collector is allowed 
to consider only the San Francisco receipts in assessing 
any tax due. 

To remedy these inequities, the Program Director was 
requesting approval to have the City Attorney's office 
draft an ordinance which would amend the Business Tax Ord- 
inance by (1) requiring the Tax Collector to exempt from 
payment of the $150 annual registration fee any small 
business whose gross receipts derived from San Francisco 
are less than $15,000 and (2) by requiring the Tax Collector 
to apply such exemption to qualifying small businesses 
retroactively for five years. 

Mr. Patrick Sha, administrator of the Business Tax Division, 
testified to the history of the various registration fees 
and exemption fees, his division's lack of manpower 
that would be necessary for discerning San Francisco vs. 
outside-San Francisco receipts, and the City's present 
collection of $9 million from 60,000 small businesses each 
paying the $150 registration fee. In response to a question 
put through the Chair by Street Artist William Clark, Mr. 
Sha said he did not know the percentage of the small 
businesses who make less than $15,000 in San Francisco. 
As for the proposed provision of a five-year retroactive 
exemption for such small businesses, Mr. Sha stated that 
it would not be consistent with the current provision which 
allows for only three years for a business to file for 
a refund in taxes. 

Mr. Sha stated that the appeal process as currently provided 
for taxes could probably apply to any provision of the 
tax ordinance, even the registration fee. 

Commissioner Flynn stated that if the appeal process has 






STREET ARTISTS PROGRAM COMMITTEE - March 8, 1995 Page 3 



not yet been tested for a small business 's registration 
fee, it should be tested first before seeking to amend 
the ordinance. Also, it would be worthwhile to find out 
how many of the registered small businesses earn less than 
$15,000 in San Francisco and what portion of their earnings 
is made elsewhere. 

Mr. Sha stated that if a street artist created a DBA ("doing 
business as") for himself /herself for San Francisco gross 
receipts only and these receipts amounted to less than 
$15,000, the artist would be required to pay only a $25 
exemption fee for registration. 

Commissioner Flynn moved that no action be taken on the 
Program Director's request, that the Program Committee 
not recommend an amendment to the business tax ordinance 
at this time, and that, in lieu of this, the Program 
Director explore means of informing street artists about 
the appeal process provided in the ordinance and coordinate 
with Mr. Sha in pursuing innovative methods for small 
business registration; the motion was seconded by Commis- 
sioner Simon and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE REQUESTS FOR PRI- 
ORITY ISSUANCE OF CERTIFICATE BY FORMER CERTIFICATE-HOLDERS 

A. Michael Lloyd - Certificate # 2648 expired February 

2, 1991; Mr. Lloyd's request was received by the Program 
on February 24, 1995. After stating that he had read 
Mr. Lloyd's appeal letter, Commissioner Flynn moved 
that Mr. Lloyd's request for priority issuance be 
approved with waiver of re-screening of his wares; the 
motion was seconded by Commissioner Simon and unanimously 
approved. 

B. Edward H. Cawthon - Certificate # 3867 expired November 
29, 1991; Mr. Cawthon ' s request was received by the 
Program on February 28, 1995. After stating that he 
had read Mr. Cawthon ' s appeal letter, Commissioner Flynn 
moved that Mr. Cawthon ' s request for priority issuance 
be approved with waiver of re-screening of wares; the 
motion was seconded by Commissioner Keeler and 
unanimously approved. 

III HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY APPLICANT 
TO DISAPPROVE RECOMMENDATION OF ADVISORY COMMITTEE OF STREET 
ARTISTS AND CRAFTSMEN EXAMINERS AND TO APPROVE CERTIFICATION 
OF CRAFT ITEM 



STREET ARTISTS PROGRAM COMMITTEE - March 8, 1995 Page 4 



Muni Janet Johnson, applicant. The Advisory Committee 
of Street Artists and Craftsmen Examiners on February 23, 
1995 recommended Ms. Johnson for certification of "fabri- 
cated metal jewelry" and "handsewn bags" and did not recom- 
mend certification of "cast jewelry" because of the Art 
Commission's arts and crafts criteria adopted in 1977 which 
states, under " FABRICATED AND/OR CAST JEWELRY ": "The crafts- 
person must make jewelry by fabricating and/or casting 
with raw materials ..." whereas Ms. Johnson requested to 
be certified to sell jewelry cast by an outside commercial 
casting company from molds of her own creation. 

Ms. Johnson presented molds and finished cast pieces and 
maintained she would not plagiarize another artist's work 
if she had her pieces cast by someone else, and that she 
was not buying pieces from a commercial house. She pre- 
sented a letter from Roger Baird of Community College on 
her behalf. 

Advisory Committee Members Mathew Porkola and Josie Grant 
stated that while the Committee liked Ms. Johnson's work 
aesthetically, the work had to be evaluated exclusively 
by the existing criteria (which precludes an artist from 
having his/her work cast by anyone but him/herself). 

Street Artist William Clark, a cast metal jeweler, asked 
that the Advisory Committee's recommendation to not certify 
Ms. Johnson be upheld for the following reasons: (1) Ms. 
Johnson, like he did, could save her money and buy casting 
equipment; (2) in the meantime, she could rent casting 
facilities in San Francisco and do her own casting; (3) 
if outside-casting were allowed, then outside-wax carving 
would eventually be approved; (4) if outside-casting were 
approved, the door would open for multiple pieces to flood 
the street artist marketplace and would put one-of-a-kind 
cast jewelry makers like Mr. Clark out of business; and 
(5) the job of casting is a significant and integral part 
of the craft of cast jewelry making which, as per the 
definition of "handcrafted item" in the street artist ord- 
inance, should continue to require the originator to do 
his/her own casting. 

Street Artist Therese Roller stated that if Ms. Johnson's 
request were approved, the door would open for mass-produced 
items in the Program which would seriously jeopardize the 
integrity of the Program. Also, a street artist, by defin- 
ition in the street artist ordinance, must make what he/she 
sells, not have what they sell made by someone else. 



STREET ARTISTS PROGRAM COMMITTEE - March 8, 1995 Page 5 



Commissioner Flynn pointed out that the Commission's current 
criteria for " PHOTOGRAPHY " and " PRINTMAKING " allows for 
muliples to be made by an outside commercial producer. 
Program Director Lazar responded that those criteria will 
be re-examined, as has already been discussed, by the 
Advisory Committee as soon as it finishes with its 
hearings and recommendations on amending the current " BEAD- 
CRAFT " criteria. 

The Commissioners acknowledged the aesthetics of Ms. 
Johnson's pieces but affirmed that the Commission had to 
adhere to the current criteria or a floodgate of 
"exceptions" to the criteria would be opened if one 
exception were allowed. 

Commissioner Simon moved that Ms. Johnson's request 
for disapproval of the Advisory Committee's recommenda- 
tion and approval for certification of "cast jewelry" 
be disapproved; the motion was seconded by Commissioner 
Flynn and unanimously approved. 

Commissioner Simon stated that Ms. Johnson could re-submit 
her cast jewelry to the Advisory Committee for the 
Committee's verification as to whether it could be certified 
as "fabricated jewelry" because of Ms. Johnson's predominant 
input of fabrication of the pieces. Should the Advisory 
Committee not recommend certification of the items as 
"fabricated jewelry", Ms. Johnson could appeal the recom- 
mendation to the Program Committee. 

IV INTERVIEWS OF APPLICANTS FOR FIVE (5) POSITIONS ON ADVISORY 
COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 

It was stated that the Program Committee, starting with 
this meeting, would be interviewing over the next several 
months candidates for the five positions on the Advisory 
Committee and would recommend at a later meeting the names 
of three candidates for each position for nomination by 
the full Art Commission to the Mayor who must select and 
appoint the members. One member must be an art educator. 

The Committee interviewed, examined the wares of, and 
allowed questions through the Chair from the audience to, 
the following incumbents who requested to continue serving 
on the Advisory Committee: 

A. Josie Grant (serving since 1988). ART EDUCATOR. Crafts: 
drawing; painting; mural painting; printmaking; bead- 



STREET ARTISTS PROGRAM COMMITTEE - March 8, 1995 



Page 6 



stringing; dressmaking; also "familiar with" ceramics, 
leathercraf t, sculpture, lost wax casting, and litho- 
graphy. 

B. Wendy McPhee (serving since 1988). Crafts: computer 
graphics; animation; stained glass; leathercraf t; 
silkscreening; ceramics; lost wax casting; photogra- 
phy; quilting. 

C. Mathew Porkola (serving since 1981). Crafts: leather- 
craft; blown glass; metalsmithing; f used-glass jewelry; 
woodcraft. 

D. Susan Tibbon (serving since 1991). ART EDUCATOR. 
Crafts: drawing; painting; etching; sewing; candlemaking; 
paper jewelry. 



The Commissioners requested that, for the next meeting, 
a half hour be set aside for street artists to express 
their views about the composition and duties of the Advisory 
Committee. 



The meeting adjourned at 5:25 p.m. 



Respectfully submitted: 

Howard Lazar " 

Director 

Street Artists Program 



F 



S F 



A C 



\ \\ 

SAN FRANCISCO ART COMMISSION 



A 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

415.2S2.2S81 



MAR 2 9 1995 

SAN FRANCISCO 
PUBLIC LIBRARY 



^ 



X 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday,, April 12, 1995 
3:00 p.m. 

Art Commission Conference Room 



^ 



AGENDA 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARING AND POSSIBLE MOTION TO RECOMMEND APPROVAL OF AC- 
CEPTANCE OF PROPOSAL BY FISHERMAN'S WHARF MERCHANTS ASSOC- 
IATION THAT STREET ARTISTS PROGRAM DIRECTOR BE AUTHORIZED 
TO SEEK A BOARD OF SUPERVISORS RESOLUTION DESIGNATING SIX 
(6) SELLING SPACES ON HYDE STREET, WEST SIDE, AT BEACH 
STREET FOR STREET ARTISTS IN EXCHANGE FOR RELINQUISHING 
TWO (2) SELLING SPACES ("B-40" and "B-41" ) ON BEACH STREET 
AT LARKIN STREET FOR THE PLACEMENT OF AN INFORMATION KIOSK 
MANUFACTURED BY JC DECAUX COMPANY 

II HEARING ON PROPOSALS FOR PLACEMENT OF J C DECAUX INFORMATION 
KIOSK ON BEACH STREET AT OR NEAR LARKIN STREET AS ALTERNA- 
TIVES TO RELINQUISHING STREET ARTIST SELLING SPACES 

III HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 




City and County of 
San Francisco 



A. Reinaldo Coronado - Certificate § 3840. Alleged viola- 
tions: (1) Selling in locations not designated by Board 
of Supervisors (11/26/94 and 1/21/95); (2) Conducting 
business in a disorderly, improper or hazardous manner 
(11/26/94 allegedly assaulting a street artist). 

B. Gerard Cracas - Certificate § 1908. Alleged violation: 
Selling in a location not designated by Board of Super- 
visors (2/12/95); second offense. ( submitted by Police) 

C. Martin Butschek - Certificate # 3300. Alleged violation: 
Selling in a location not designated by Board of Super- 
visors (2/12/95); second offense. (submitted by Police) 

D. Xiu Juan Ji - Certificate # 4605. Alleged violation: 
Selling in locations not designated by Board of Super- 



Continued, 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - April 12, 1995 Agenda 

Page 2 



visors (2/12/95; 2/25/95); second offense, (submitted 
by Police) 

E. Elden Deza - Certificate # 4438. Alleged violation: 
Selling in a location not designated by Board of Super- 
visors (2/17/95). (submitted by Police) 

F. Ningyu Lisa Jiang - Certificate § 4636. Alleged viola- 
tion: Selling in a location not designated by Board 
of Supervisors (2/12/95). (submitted by Police) 

IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN IS- 
SUANCE OF CERTFICATE 

A. Murielle Pascaud - Certificate # 4457 expired December 
28, 1993; Ms. Pascaud 's request was received by Program 
March 14, 1995; request for waiver of re-screening. 

V REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VI CONTINUATION OF INTERVIEWS OF APPLICANTS FOR FIVE (5) POSI- 
TIONS ON ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 
EXAMINERS 

CANDIDATE ART EDUCATOR CRAFT EXPERIENCE 

4:30 p.m. Marlena Genau No fabricated and cast metal 

jewelry; sculpture 

4:45 p.m. Cele Henzel No silkscreen clothing; graph.: 

arts; computer graphics 

5:00 p.m. Denise Mediavilla No painting; cast and soldere< 

jewelry; cloisonne; carvin; 
bookbinding; leathercraft 

5:15 p.m. Irene Rubin No fimo/sculpy craft; silkscre 

ing; jewelry; painting 

VII HEARING AND POSSIBLE MOTIONS TO APPROVE RECOMMENDATIONS FROM 
STREET ARTISTS LOTTERY COMMITTEE (MARCH 2, 1995 LOTTERY 
COMMITTEE MEETING) TO AMEND LOTTERY RULES 

A. Recommendation to amend Occupancy Rule by eliminating 
requirement for artist to leave part or all of his/ 
her working display to "mark" assigned space. 

Continued 






STREET ARTISTS PROGRAM COMMITTEE - April 12, 1995 Agenda 

Page 3 



B. Recommendation to eliminate unofficial "mini-mini 
lottery" on Sundays and to amend Time of Lotteries 
Rule by eliminating Secondary Wharf Lottery on Sun- 
days and Secondary Downtown Lottery on Saturdays. 

C. Recommendation to amend Occupancy Rule by eliminating 
the provision for a "marked" (assigned) space to 
remain vacant until the assigned artist uses it; to 
provide for a lottery to be held, after the noon lot- 
tery, to distribute vacant assigned spaces among non- 
assigned artists who would occupy the spaces until 
such time as the assigned artists occupy the spaces. 

D. Recommendation to amend Occupancy rule by eliminating 
the requirement that the lottery to reassign spaces 
not properly marked takes place at 12:15 p.m. and to 
provide that such lottery takes place after the Lottery 
Member completes the noon walk and arrives on Beach 
Street. 

VIII COMMENTS FROM THE AUDIENCE REGARDING THE COMPOSITION AND 
DUTIES OF THE ADVISORY COMMITTEE OF STREET ARTISTS AND 
CRAFTSMEN EXAMINERS 

IX ADJOURNMENT 



A CCESSIBILITY IN FORMA TION \ 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and tlie 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings axe reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Sonia Gray in the Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 



v \ 



SAN FRANCISCO ART COMMISSION 






PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

OPS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

41S.2S2.2S81 



V 



\ 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, <May_10j_1995 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



\ 



x \\ A 



DOCUMENTS DEP" 
APR 2 9 1995 

SAN FRANCISCO 
PUBLIC LIBRARY 



N 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARING AND POSSIBLE MOTIONS TO APPROVE RECOMMENDATIONS 

FROM STREET ARTISTS LOTTERY COMMITTEE (MARCH 2, 1995 LOT- 
TERY COMMITTEE MEETING) TO AMEND LOTTERY RULES (continued 
from 4/12/95 Program Committee meeting) . 

A. Recommendation to amend Occupancy Rule by eliminating 
requirement for artist to leave part or all of his/her 
working display to "mark" assigned space. 

B. Recommendation to amend Occupancy Rule by eliminating 
the requirement that the lottery to reassign spaces 
not properly marked takes place at 12:15 p.m. and to 
provide that such lottery shall take place after the 
Lottery Member completes the noon walk and arrives on 
Beach Street. 



3:30 p.m. II 




cy*SL 




City and County of 
San Francisco 



HEARINGS ON ALLEGED VIOLATIONS OF THE STREET ARTIST ORDINANCE 

(rescheduled from 4/12/95 Program Committee meeting) 



A. Reinaldo Coronado - Certificate § 3840. Alleged viola- 
tions: (1) Selling in locations not designated by Board 
pi Supe'fTrteo*s-4JJL/2j5/9 4 and 1/21/95); (2) Conducting 
business in a disorderTy-7 — irnp_roper or hazardous manner 
(11/26/94 allegedly assaultirig^ar->street artist). 

B. Gerard Cracas - Certificate # 1908. Alleged violation: 
Selling in a location not designated by the Board of Super- 
visors (2/12/95); second offense, (submitted by Police) 

C. Martin Butschek - Certificate § 3300. Alleged violation: 
Selling in a location not designated by the Board of Super- 
visors (2/12/95); second offense, (submitted by Police) 

III HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD OF 
SUPERVISORS FOR PERMANENT DESIGNATION OF TWO (2) SELLING 
SPACES ON BEACH STREET, NORTHWEST CORNER, AT HYDE ST. FOR 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - May 10, 1995 Agenda 

Page 2 

STREET ARTISTS CERTIFIED BY THE ART COMMISSION, PURSUANT 
TO BOARD OF SUPERVISORS RESOLUTION NO. 940-91. (continued 
from 1/11/95 Program Committee meeting) 

IV HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD OF 
SUPERVISORS FOR TEMPORARY SIX-MONTH DESIGNATION OF THREE 
(3) SELLING SPACES ON STOCKTON STREET, WEST SIDE, AT O'FAR- 
RELL STREET (continued from 2/8/95 Program Committee meeting) 

V REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VI REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN IS- 
SUANCE OF CERTIFICATE AND WAIVER OF RE- SCREENING OF WARES 

A. Lyn Magnuson - Certificate # 2320 expired October 22, 
1993; Mr. Magnuson' s request was received by Program on 
March 15, 1995. 

B. Keith Donube - Certificate § 3708 expired December 8, 

" 1990; Mr. Donube ' s request was received by Program on 
April 21, 1995. 

VII CONTINUATION OF INTERVIEWS OF APPLICANTS FOR FIVE (5) POSI- 
TIONS ON ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 
EXAMINERS 

CANDIDATE ART EDUCATOR CRAFT EXPERIENCE 

4:30 p.m. Alicia Keshishian No ceramics; jewelry; enameling; 

anodizing; printmaking; photo- 
graphy; weaving; graphics 

4:45 p.m. David Forth No graphics/illustration; com- 

puter graphics 

5:00 p.m. Nancy Anderson No silk dyeing; painting; drawing 

5:15 p.m. Tamara Vargas Yes ceramics; jewelry; textiles; 

metal and wood sculpture 

VIII ADJOURNMENT 



ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

■ 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Sonia Gray in the Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 



I 



5.75" 



S F 



A C 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Puslic Art 



SAN 
f 



FRANCISCO ART COMMISSION 
ft 



ARTISTS PROGRAM COMMITTEE 

1995^ 



STREET 
/// 

Wednesday, CJune 14 , 
3:00 pTm. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



A 



N 



DO™ imcwts D'EPT. 
JUN 9 1995 

SAN FRANCISCO 
PUBLIC LIBRARY 



Street Artists Licenses 

Suite 70 

415.252.2581 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARING ON ALLEGED VIOLATIONS OF THE STREET ARTIST ORDINANCE 

(rescheduled from 4/12/95 Program Committee meeting) 

A. Reinaldo Coronado - Certificate # 3840. Alleged viola- 
tions: (1) Selling in locations not designated by Board 
of Supervisors (11/26/94 and 1/21/95); (2) Conducting 
business in a disorderly, improper or hazardous manner 
(11/26/94 allegedly assaulting a street artist). 

II REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 



III CONTINUATION OF INTERVIEWS OF APPLICANTS FOR FIVE (5) POSI- 
TIONS ON ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 
EXAMINERS 



CANDIDATE 



ART EDUCATOR 



CRAFT EXPERIENCE 



3:45 Alicia Keshishian No 



4:00 Elizabeth M. Scotta No 



4 : 15 Jacqueline Thompson Yes 




4:30 Colleen Chafian 



City and County of 

San Francisco 4 : 4 5 Anna Kee 



No 



Yes 



ceramics; jewelry; enameling; 
anodizing; printmaking; photo- 
graphy; weaving; graphics 

drawing; jewelry; printmaking; 
photography; pottery ;quilting; 
silversmithing; quilting 

graphic arts; printmaking; 
photography; ceramics; metal 
j ewelry 

metal fabricated jewelry; 
beadstringing; pottery 

ceramics; drawing; painting; 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE 

Page 2 

Anna Kee (continued) 
5: 00 K. C. Rosenberg Yes 



5 : 15 Angela Wong 



5: 30 Shelley Rideout 



No 



No 



- June 14, 1995 Agenda 



printing 

silkscreening; painting; 
printmaking 

sculpting; painting; wood- 
working 

jewelry; textiles; hand- 
crafted clothing 



IV REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN IS- 
ISSUANCE OF CERTIFICATE AND WAIVER OF RE-SCREENING WARES 

A. Phillip J. Zamorra - Certificate § 3084 expired May 1, 
1986; Mr. Zamorra ' s request was received by Program on 
May 17, 1995. 

B. Douglas Merritt - Certificate § 4330 expired May 9, 1993; 
Mr. Merritt' s request was received by Program on May 17, 
1995. 

C. Nina Hollenberg - Certificate # 4695 expired May 7, 1995; 
Ms. Hollenberg 's request was received by Program on May 
26, 1995. 

V ADJOURNMENT 






A CCESSiniUTY IN FORMA TION 

'Pursuant to City }X)licy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, ail City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and Individual Committee Meetings or die An Commission will 
be held at 25 Van Ness Avenue. San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by Uie two main 
elevators in the lobby of (he building. 

Accessible seating Tor persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curiMide parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI line* that serve tills location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from die building. 

9, 26, and 42 Huxes -serving (lie area of Van Ness and Market. 

Civic Center BART, located at die intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings axe reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. « 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Liz Lcrma in (lie Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 



S F 



A C 



PROGRAMS 



3F 
|70. 75 

M 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art 



/ // 

SAN FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



^UPe 14. 1995^ 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



^M 



Commissioners present 



street artists licenses Commissioner absent: 

Suite 70 
41S. 252. 2581 



I N U T E S 

Emily Keeler, Terri Simon 
Tom Flynn 



DOOl IMF.NTS DEF 

JUL 6 1995 

SAN FRANCISCO 
PUBLIC LIBRARY 




City and County of 
San Francisco 



Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Worthy 

Commissioner Keeler, Chair, called the meeting to order at 3:14 
p.m. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE AND WAIVER OF RE-SCREENING WARES 

A. Phillip A. Zamorra - Certificate # 3084 expired May 

1, 1986; Mr. Zamorra 's request was received by the Pro- 
gram on May 17, 1995. Commissioner Simon moved that 
Mr. Zamorra 's request for priority with waiver of re- 
screening be approved; the motion was seconded by Commis- 
sioner Keeler and unanimously approved. 

B. Douglas Merritt - Certificate # 4330 expired May 9, 
1993; Mr. Merritt 's request was received by the Program 
on may 17, 1995. Commissioner Simon moved that Mr. 
Merritt' s request for priority with waiver of re-screen- 
ing be approved; the motion was seconded by Commissioner 
Keeler and unanimously approved. 

C. Nina Hollenberg - Certificate # 4695 expired May 7, 
1995; Ms. Hollenberg 's request was received by Program 
on May 26, 1995. Commissioner Simon moved that Ms. 
Hollenberg' s request for priority with waiver of re- 
screening be approved; the motion was seconded by Com- 
missioner Keeler and unanimously approved. 

II HEARING ON ALLEGED VIOLATIONS OF THE STREET ARTIST ORDINANCE 

(rescheduled from 4/12/95 Program Committee meeting) 

Reinaldo Coronado - Certificate # 3840. Alleged violations: 
(1) Selling in locations not designated by Board of Super- 
visors (11/26/94 and 1/21/95); (2) Conducting business 
in a disorderly, improper or hazardous manner (11/26/94 
allegedly assaulting a street artist). 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - June 14, 1995 Page 2 



Program Director Lazar referred to the letter-complaint 
he had received on January 26, 1995 and forwarded to the 
Commissioners, which alleged that Reinaldo Coronado sold 
in an illegal location on Jefferson Street on November 
26, 1994 and on January 21, 1995, and also alleged that 
on November 26th he assaulted Street Artist Virginia Bur- 
ris. Mr. Lazar submitted a photo he received with the 
complaint which showed Mr. Coronado allegedly selling in 
an illegal location on November 26th. 

Street Artist Virginia Burris testified to having written 
the letter and taken the photo on November 26th. She stated 
that Mr. Coronado was in a non-designated location on Jef- 
ferson Street, by the drain pipe of the Wharfside Building, 
that he saw her taking the picture, asked her what she 
was doing. When she replied "I'm taking your picture," 
she said that he grabbed her sleeve and held her there. 
She tried to leave, but he went for her left hand which 
held the camera. "Since he was going for my camera as 
well as holding my arm at the same time ... it felt like 
a dangerous position, so I felt like running, so I put 
my arms backward and ran out of my coat . . . And he was 
still standing there holding my coat." 

Ms. Burris also testified to Mr. Coronado ' s allegedly push- 
ing another artist against her on the Saturday following 
this year's Valentine's Day and allegedly attempting to 
pick a fight with Street Artist Ray Jones. 

Street Artist Ray Jones testified to having witnessed every- 
thing to which Ms. Burris had testified with the exception 
of the alleged incident of Mr. Coronado ' s pushing another 
artist against Ms. Burris. He stated that Ms. Burris 's 
photographing Mr. Coronado was exercising her right as 
a street artist to supply evidence for the Art Commission 
to correct street artist violations. He further stated 
that after she photographed him, Mr. Coronado "grabbed 
her arm" and reached for her other arm "and the only way 
for Ginny to escape was to leave her coat"; she "left him 
standing there holding her coat." 

In answer to questions from the Commissioners, Mr. Jones 
stated that he was at Ms. Burris 's display, fifteen to 
twenty feet away from the incident. Afterward he attempted 
to speak to Mr. Coronado about the incident, and Coronado 
said to him that "he had the right to break her camera." 
The Saturday after Valentine's Day (1995), at about 10:00 
a.m., he said, Mr. Coronado approached him and threatened 



STREET ARTISTS PROGRAM COMMITTEE - June 14, 1995 Page 3 



him by asking if he wanted to fight him; at that point, 
at Ms. Burris's request, an artist went to Franceschi's 
restaurant to call 911, and Mr. Coronado got into a car 
and left. Mr. Jones asked the Commissioners to revoke 
Mr. Coronado ' s certificate. 

The Program Director stated that he had notified another 
witness who had been mentioned in the complaint, but the 
witness was not present. 

Ms. Camille Cook stated that she was Mr. Coronado' s wife 
and his attorney. She cross-examined Mr. Jones and Ms. 
Burris and stated that the credibility of the two was in 
question as they were competition for Mr. Coronado and, 
for that reason, wanted his license revoked. 

Under Ms. Cook's cross-examination, Mr. Jones stated that 
he saw Mr. Coronado touch Ms. Burris's arms during the 
incident of November 2 6th, and that when Mr. Coronado later 
invited Mr. Jones to fight him, Mr. Coronado put his hand 
on Mr. Jones's chest. 

The Commissioners stated that they would consider only 
the incidents for which Mr. Coronado was charged. 

Under Ms. Cook's cross-examination, Ms. Burris denied making 
any threatening remarks to Mr. Coronado nor any problems 
for him and stated that he touched her. 

Ms. Cook questioned Mr. Coronado in Spanish and translated 
his answers into English. She translated that he never 
sold illegally, that Ms. Burris had been "spying" on his 
work for a long time so when he saw her with a camera he 
asked her not to take a picture, and that he tried to get 
up close to her asking her why she was taking a picture; 
she walked away, "I took her hand to ask for an explana- 
tion," "I don't remember exactly what happened," "I ended 
up with her jacket in my hand"; "the reason I did that 
is because I wanted her to explain to me why she was taking 
a picture" and whether the Program Director or someone 
else had directed her to do so; "she escaped like a thief," 
"she ran away laughing, and then when I went up to her 
later again to ask her for an explanation, she refused 
to talk to me." 

Mr. Coronado added that he had seen Ms. Burris sell 
illegally, and that she falsified ten lottery slips in 
December. 



STREET ARTISTS PROGRAM COMMITTEE - June 14, 1995 Page 4 



In response to a question by Commissioner Keeler, Mr. 
Coronado stated (translated by Ms. Cook) that he was not 
selling in an illegal space on the day he was photographed. 
He said that the photo showed it to be approximately 6 p.m. 

In response to a question by Commissioner Simon, Mr. Coro- 
nado stated that the location in which he was photo- 
graphed was a legal one and that it was either space # 2 
or § 3. 

Commissioner Keeler asked Mr. Coronado if he understood 
that the picture taking was part of the process to help 
document illegal selling; he acknowledged this so long 
as the photography was done by the Program Director or 
a Police officer but not by his competition. 

Commissioner Simon acknowledged that Mr. Coronado admitted 
that he touched Ms. Burris and stated that there was no 
reason for any street artist to come at another artist 
and take hold of their wrist and coat, and that Mr. Coro- 
nado ended up with Ms. Burris' s coat because he grabbed 
her. Ms. Cook denied that her client touched Ms. Burris. 
Commissioner Simon, however, noted that Ms. Cook herself 
had translated Mr. Coronado ' s admission. The Commissioner 
went on to say that if he had not touched her, he would 
not have ended up with her coat in his hand. 

Commissioner Keeler stated that there was no reason in 
civilized interaction for a person to pull or grab another, 
that if Ms. Burris was doing something wrong, there was 
other recourse. However, it was clear that no one has 
a right to touch someone else. 

Ms. Cook wanted it entered into the record that her client 
had not testified to having grabbed Ms. Burris. 

Appearing not as witnesses to the incident but as supporters 
of Mr. Coronado ' s character were Street Artists Kathy Halli- 
nan, Riccardo Amodei, Robert Siu, Maria Hillius, and David 
Samuel . 

In response to questions by the Commissioners, Ms. Burris 
testified to the photo she took and that its image of Fran- 
ceschi's Restaurant across the street, in the background, 
proved that Mr. Coronado was not in a legal space. Commis- 
sioner Simon, however, noted that the photo was taken at 
an angle from Mr. Coronado, was not very clear, and there 
were no other witnesses present to corroborate his location. 



STREET ARTISTS PROGRAM COMMITTEE - June 14, 1995 Page 5 



Commissioner Simon moved that the charge against Reinaldo 
Coronado of allegedly selling in locations not designated 
by the Board of Supervisors be dismissed due to lack of 
preponderance of evidence, that Mr. Coronado be found in 
violation of the street artist ordinance for having con- 
ducted business in a disorderly, improper or hazardous 
manner (improper, menacing behavior), that Mr. Coronado' s 
certificate be suspended for a period of three (3) weeks, 
and that Mr. Coronado be warned that any future finding 
of his having touched by physical aggressive behavior any- 
one while conducting business as a street artist will 
warrant consideration of revocation of his certificate; 
the motion was seconded by Commissioner Keeler and unan- 
imously approved. 

Commissioner Keeler stated that it was important that the 
street artists understood that the Commissioners did not 
condone any kind of touching or menacing behavior on the 
street. Furthermore, in consideration of the continued 
existence of the Program itself, the Commissioners held 
a strict posture against any street artist situation involv- 
ing menacing behavior or violence. 

Ms. Cook asked that Mr. Coronado ' s suspension be deferred 
to after the summer selling season. She cited the fact 
that her client and she had appeared for the hearing 
scheduled for April 12th, that the hearing was continued 
because witnesses had informed the Program Director that 
they were unable to attend that month, and that this 
resulted in her client's having to serve a suspension during 
the height of the tourist season which, she said, was 
intentional on the part of the witnesses against her client. 
The Commissioners denied the request. 

Ill CONTINUATION OF INTERVIEWS OF APPLICANTS FOR FIVE (5) POSI- 
TIONS ON ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 
EXAMINERS 

The Committee interviewed, examined the wares of, and 
allowed questions through the Chair from the audience to, 
the following applicants wishing to serve on the Advisory 
Committee: 

A. Alicia Keshishian. Crafts: ceramics; jewelry; enameling; 
anodizing; printmaking; photography; weaving; graphics. 

B. Elizabeth M. Scotta. Crafts: drawing; fabricated metal 
jewelry; printmaking; photography; pottery; quilting. 



STREET ARTISTS PROGRAM COMMITTEE - June 14, 1995 Page 6 



C. Jacqueline Thompson, (art educator) Crafts: graphic 
arts; printmaking; photography; ceramics; fabricated 
metal jewelry. 

D. Colleen Chafian. Crafts: beadcraft; fabricated metal 
jewelry; embroidery; quilting 

E. Anna Kee. (art educator) Crafts: ceramics; drawing; 
painting; photography. 

F. Angela Wong. Crafts: soldered and stone jewelry; sculpt- 
ing; painting; woodworking. 

G. Shelley Rideout. Crafts: handcrafted clothing; textiles; 
j ewelry . 

K. C. Rosenberg had cancelled her interview. 

IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

No report was given. 

The meeting adjourned at 5:34 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



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/// 

STREET ARTISTS PROGRAM COMMITTEE 

Weclnesday,^Jjuly 12, 1995 
3:00 p.m. 
t Coram is si. on Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



Ar 



DO^-I IMPWTS DEPT. 
JUL 7 1995 

SAN FRANCISCO 
PUBLIC LIBRARY 



/a 



'", 



N D A 



Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY FORMER 
CERTIFICATE-HOLDER FOR ISSUANCE OF CERTIFICATE 

John Hulton - Certificate # 4311 expired October 7, 1993. 

examined by the 
raftsmen Examiners 
ied for "bead- 
een observed 
street artist 
ssuance of a 
of an applicant's 
the Municipal 
nduct a hearing 
uld issue a cert- 



On June 29, 1995, 


Mr. Hulton 


1 s wares 


were 


Advisory Committee of Street 


Artists 


and C 


which recommends 


that Mr. Hu 


lton be 


rertif 


craft." However, 


because Mr 


. Hulton 


has b 


allegedly violating the provisions o 


f the 


ordinance and the 


ordinance 


provides 


for i 


certificate unless charges h 


ave been 


filed 


"violation of the 


applicable 


provisions of 


Code," the Street 


Artists Program sh 


all co 


to consider wheth 


er the Art 


Commission sho 


ificate to Mr. Hu 


lton . 







II REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 




Cm ^N^> County of 
San Francisco 



III HEARING ON "PROPOSAL TO SET UP A FAIR POLICY AND PROCEDURE 
FOR THE OFFICE OF DIRECTOR TO RECEIVE AND PROCEED ON COM- 
PLAINTS FOR VIOLATION" (item requested June 2, 1995 by 
Riccardo Amodei, Kathy Hallinan, Manolo Aulis, Leah Mazor, 
Therese Roller, Robert Siu, David Campos, Mike Martinov, 
Mario Hernandez, David Mason, Oscar Bevilaqua, Sandra 
Blenio, Charles Strobino; as of July 5, 1995, no such pro- 
posal has been received by the Program office) 

IV HEARING TO CONSIDER "ALTERNATIVES TO ENFORCE STREET ARTIST 
ORDINANCE IN AN EFFICIENT MANNER" 

(item requested by vote of 8 to 5 members of Street Artists 
Liaison Committee on June 13, 1995; at the same meeting, 
Liaison Committee voted 7 to 5 to recommend not restricting 
or limiting current 1995-96 Program budget expenditure 
of $15,000 for Police services) 



25 Van N r s s Avf. Sum 240. San Francisco. CA. 94102 r E I. . 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE 

Page 2 



- July 12, 1995 Agenda 



ADJOURNMENT 



A CCESSIH1UTY IN FORMA TION 

'Pursuant to City policy and the requirements of the \97^ Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will wake reasonable accointtukiations to the needs of pet sons 
with disabilities 

Full Commission Meetings, and Individual Commlllec Meetings of (lie Art Commission will 
Ik* held nl 25 Van Ness Avenue. Sim Francisco, located on llic corner of Oak and Van Ness. 
All meetings arc held In Suite 70, basement level, and can l>c accessed by the two main 
elevators In the lobby of the building. 

Accessible seating for persons with disabilities, Including those In wheelchairs, will l>c 
available. 

Accessible curtwlde parking has l>cen designated on Oak Street l>clween Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location arc: 

J, K, I,, M, an<1 N Trains slopping at Van Ness and Market, 

one-hall block Irom the building. 

9, 26, and 42 Huses-scrvlng (he area of Van Ness and Market. 

Civic Center HAH I, located at the Intersection of Grove, Hyde, and Market Streets. 

For more Information on accessible transit, call (415) 923-6142. 



Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accctilMllty hotllnr at (4 15)554 8925 to discuss meeting accessibility. In 
order to assist the city's efforts lo accommodate such people, attendees at public meetings arc reminded 
that other attendees may be sensitive to various chemical based products. Please help the city lo 
accommodate these individuals , 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact I \r I erma in the Community Arts and Education Program at 
(415)252-2596 at least 1) hours prior to meeting I. ate requests will he honored it possible. 



s 


F 


A 


C 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

St Education 

Cultural Equity Grants 

Gallery 

'OPS Symphony Concerts 

Public Art 



/ // 

SAN FRANCISCO ART COMM I S S ION 

STREET ARTISTS PROGRAM COMMITTEE 

CJulX-12-*- -1995 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



err 



JUL 271995 

SAN FRANCISCO 
PUBLIC LIBRARY 



^M 



N U 



Street Artists Licenses 

Suite 70 

415. 2S2. 2581 



no. is 



Commissioners present: Emily Keeler, Tom Flynn 

Commissioner absent: Terri Simon 

Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

Commissioner Keeler, Chair, called the meeting to order at 3:05 
p.m. 

Commissioner Flynn introduced Director of Cultural Affairs 
Richard Newirth to the street artists and thanked him for 
attending the meeting. 

I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY FORMER 
CERTIFICATE-HOLDER FOR ISSUANCE OF CERTIFICATE 

John Hulton - Certificate # 4311 expired October 7, 1993. 
Program Director Lazar reported that Mr. Hulton telephoned 
the office that day and said he would not be able to attend 
the meeting. Commissioner Keeler tabled the request. 




City and County of 
San Francisco 



II REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Re-designation of two permanent selling spaces on Beach 
Street, at Hyde. The Program Director reported that he 
presented legislation to the Board of Supervisors Govern- 
ment Efficiency and Labor Committee on July 11th to re- 
designate, on a permanent basis, the two selling spaces 
known as "0" and "00" on Beach Street, north side, at Hyde 
Street, and received unanimous approval. 

Port Commission approval of selling spaces on Jefferson 
Street. After months of study, the Port Commission on 
June 27th re-approved 13 of the previously designated 15 
spaces on Jefferson Street, removed spaces "J-8" and "J- 
9" (at the request of The Cannery because of the proximity 
of the spaces to a doorway), approved 2 new spaces known 
as "J-lA" and "J-lB" located between existing spaces "J- 
1" and "J-2," adopted for Jefferson Street all 
regulations of the street artist ordinance relating to 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - July 12, 1995 Page 2 



spaces, and adopted further requirements, including the 
prohibition of any street artist violator from participating 
in the Art Commission's lottery for spaces on Jefferson 
Street. 

Street Artists Larry Rosenbloom, Therese Roller, James 
Millard, and Kathy Hallinan expressed dissatisfaction with 
the Port's action, the Port personnel, The Cannery's General 
Manager, the Street Artists Program Director, and the City 
Attorney. They expressed disagreement with the June 12th 
City Attorney written clarification on the Port's juris- 
diction over street artist spaces and the status of 
street artist spaces in violation of the street artist 
ordinance. Street Artist William Clark opposed them and 
supported the actions of the Port, the Art Commission staff, 
and the City Attorney. 

Commissioner Flynn acknowledged the artists' expressed 
frustration over the Port's not re-designating "J-8" and 
"J-9" and moved that the Art Commission and the Program 
Director begin the process of trying to reinstate the 
spaces; the motion was seconded by Commissioner Keeler. 

In response to the four artists' criticism of the City 
Attorney's office and the Program Director, Commissioner 
Flynn stated that it is not exceptional for the City At- 
torney's office to take a long time in researching and 
responding to a question, and the Program Director has 
consistently displayed fairness and concern for the 
artists, the Program, and the Art Commission. 

Mr. Clark said that because of the time involved in the 
Program staff's efforts in getting the Jefferson Street 
spaces re-designated, he has had to wait for months for 
the staff and the Program Committee to hear and consider 
his proposal for three spaces downtown. He asked that 
the dissatisfied artists be reminded that they can hire 
their own private attorney to advocate for spaces with 
the Port and dispute the City Attorney's clarification 
with the City Attorney. 

The Program Director respectfully declined to work with 
the artists on re-negotiating with the Port, citing the 
priority of his mandated responsibilities which are to 
administer and enforce the street artist ordinance. 

Commissioner Flynn withdrew his motion and moved the follow-]! 



STREET ARTISTS PROGRAM COMMITTEE - July 12, 1995 Page 3 



ing: that the Street Artists Liaison Committee designate 
a negotiating team of no more than three street artists 
to enter into discussions with the appropriate bodies to 
regain spaces "J-8" and "J-9" of Jefferson Street, that, 
based on these discussions, any proposal must be reviewed 
and approved by the Street Artists Program Committee of 
the Art Commission before it can be represented as being 
endorsed by by the Art Commission, that the membership 
of this negotiating team be distributed in writing to the 
Street Artists Program Committee members, the Director 
of Cultural Affairs, and the Street Artists Program Dir- 
ector, that all correspondence and summaries of telephone 
calls be copied to the Program Director and the Director 
of Cultural Affairs, and that this motion in no way sets 
a precedent to authorize the Liaison Committee or any street 
artist to enter into or purport to represent the Art Commis- 
sion in negotiating new spots or to re-designate spots 
for the Street Artists Program; the motion was seconded 
by Commissioner Keeler and unanimously approved. 

Commissioner Keeler clarified the spirit of the motion, 
that while the Liaison Committee was being asked to work 
on this project, it was critical for all their work to 
be communicated with the Commissioners and the Program 
Director. 

Commissioner Flynn further clarified the spirit of the 
motion, that the Liaison Committee commence negotiating, 
but warned the Liaison Committee against taking any action 
that would misrepresent the Art Commission. 

Hearings on proposed JC Decaux kiosks for Fisherman's Wharf. 

The Program Director reported that he attended that 
morning's Department of Public Works hearing on a proposed 
JC Decaux kiosk for Beach Street, north side, at Larkin, 
and that the DPW staff withdrew the proposal in deference 
to the existing mobile Cable Car Canteen who has a Police 
permit for the site. 

DPW's issuance of a permit for a kiosk to be located on 
Hyde Street, west side, at Beach, is being appealed by 
the Federal Park Service before the Board of Permit Appeals 
on July 19th. 

Street Artist James Millard requested that Program Director 
Lazar and/or an Art Commissioner attend the Board hearing 
and ask that DPW be overruled. 



STREET ARTISTS PROGRAM COMMITTEE - July 12, 1995 Page 4 



Commissioner Keeler moved that the Director of Cultural 
Affairs speak at the Board hearing. 

Director of Cultural Affairs Newirth noted that the Com- 
mission and its Program Director's appeal of the previous 
permit for a kiosk on Beach Street (at Hyde) was engendered 
by the fact that the proposed kiosk would have been placed 
adjacent to existing street artist spaces, whereas the 
current proposal is for a location where there are no street 
artist spaces. 

Commissioner Flynn amended the motion to recommend that 
the Director of Cultural Affairs and the Program Director 
assess the issue and, at their discretion, consider whether 
or not to represent the Art Commission on the issue before 
the Board of Permit Appeals; the motion was seconded by 
Commissioner Keeler and unanimously approved. 

III HEARING ON "PROPOSAL TO SET UP A FAIR POLICY AND PROCEDURE 
FOR THE OFFICE OF DIRECTOR TO RECEIVE AND PROCEED ON COM- 
PLAINTS FOR VIOLATION" (item requested June 2, 1995 by 
Street Artists Riccardo Amodei, Kathy Hallinan, Manolo 
Aulis, Leah Mazor, Therese Roller, Robert Siu, David Campos, 
Mike Martinov, Mario Hernandez, David Mason, Oscar 
Bevilaqua, Sandra Blenio, Charles Strobino) 

The Program Director reported that no such proposal had 
been received by his office. 

Mr. Mathew Porkola, member of the Advisory Committee of 
Street Artists and Craftsmen Examiners, asked that the 
enforcement be left as informal as possible and continue 
to allow members of his committee to occasionally go out 
on the street and monitor the arts and crafts being sold 
by the artists, interact with the artists, and give verbal 
warnings when necessary. 

Commissioner Keeler tabled the item for consideration after 
the artists' busy summer season and expressed interest 
in receiving proposals in writing during the interim. 

IV HEARING TO CONSIDER "ALTERNATIVES TO ENFORCE STREET ARTIST 
ORDINANCE IN AN EFFICIENT MANNER" 

The Program Director explained that this item was requested 
by vote of 8 to 5 members of the Street Artists Liaison 
Committee on June 13, 1995, while at the same meeting, 



STREET ARTISTS PROGRAM COMMITTEE - July 12, 1995 Page 5 



the Liaison Committee went on record as voting 7 to 5 to 
recommend not restricting or limiting the current Program 
budget expenditure ($15,000) for Police services. 

The Commissioners received comments from Street Artists 
Larry Rosenbloom, James Millard, Robert Clark, William 
Clark, David Samuel, Therese Koller, Kathy Hallinan, 
and Kristina Peterson. Mr. Samuel proposed that Police 
enforcement be eliminated from Beach Street since there 
are no street artist violators on Beach Street. Mr. 
Rosenbloom presented an argument against the Program's 
current rate of notifying and screening new applicants 
and expressed his disagreement with the advice given by 
the City Attorney on the matter. 

Mr. Robert Clark credited the Police hired by the Program 
for making Jefferson Street "clean" of street artist vio- 
lations and stated that most of the artists in attendance 
who were urging cutbacks in the Police enforcement have 
violated the law. 

Commissioner Keeler moved that the Liaison Committee create 
a three-person subcommittee to receive input from the 
artists and bring to the Program Committee alternatives 
with respect to enforcing the street artist ordinance; 
the motion was seconded by Commissioner Flynn. 

Commissioner Flynn amended the motion to provide that 
the Program Director prepare a questionnaire to survey 
the artists' views on the subject and distribute it in 
a way that is fair and encourages maximum participation; 
the amendment was seconded by Commissioner Keeler; the 
motion was unanimously approved. 

The meeting adjourned at 6:00 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



/ // 

SAN FRANCISCO ART COMMISSION 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

&. Education 

ltural Equity Grants 

Gallery 

S Symphony Concerts 

Public Art 



treet Artists Licenses 

Suite 70 

41S. 252. 2581 



7C75" 

ftlK 



DO C,\ IMBNTS de?t. 
AUG - 9 1995 

SAN FRANCISCO 
PUBLIC LIBRARY 



/// 



STREET ARTISTS PROGRAM COMMITTEE 



^K SPECIAL MEETING 



Wednesday, August 9, 1995 - 2:30 p.m 
Art Commission Conference Room 
25 Van Ness Avenue, Suite 70 
San Francisco, California 



/AGENDA 

V/ 



II 



DISCUSSION AND REVIEW OF CANDIDATES FOR ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 



ADJOURNMENT 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



A CCESS1BIUTY IN FORMA TION 

'Pursuant to City fwlicy nttti the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
xoith Disabilities Act, all City agetuies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and Individual Committee Meetings of the Art Commission will 
l>c Meld at 25 Van Ness Avenue. San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held In Suite 70, basement level, and can be accessed by the two main 
elevators In the lobby of the building. 

Accessible seating for persons with disabilities, Including those in wheelchairs, will be 
available. 

Accessible cutbslde parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping al Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 II uses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more Infonnation on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility bodine at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. « 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Liz Lcrma in the Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Laic requests will be honored if possible. 



S F 



A C 



/ " 

SAN FRANCISCO ART COMMISSION 



(yjpr^ yi,z^^ - J e ^ t = 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

OPS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

415.252.2581 



3F 
l70-7r 



/< 

STREET ARTISTS PROGRAM COMMITTEE 

^(special MEETING 

<August 9 j 1995)- 2:30 p.m. 
Art Commission Conference Room 
25 Van Ness Avenue, Suite 70 

San Francisco, California ,^.~ r>rr»T 

AUG 1 7 1995 

MINUTES 

SAN FRANCISCO 
Commissioners present: Emily Keeler, Terri Simon PUBLIC LIBRARY 

Commissioner absent: Emery Rogers 

Staff present: Director of Street Artists Program Howard Lazar 

Commissioner Keeler, Chair, called the meeting to order at 2:30 
p.m. 

I DISCUSSION AND REVIEW OF CANDIDATES FOR ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 

In considering candidates for five positions on the Advisory 
Committee of Street Artists and Craftsmen Examiners, the 
Commissioners reviewed the notes they had taken from inter- 
viewing 16 candidates on March 8, April 12, May 10, and 
June 14, 1995. The Commissioners discussed and reviewed 
the candidates' resumes. 

The meeting adjourned at 3:00 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



SlF 



F 



AC 



ID-IS 



H/l 



« *» PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

415.252.2581 



/ // 

SAN FRANCISCO ART COMMISSION 



/// 



STREET ARTISTS PROGRAM COMMITTEE 



3 



Wednesday, August 9, 1995 

3:00 p.m. DO rH»"=NTS DEf 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue SAN FRANCISCO 

San Francisco, California PUBLIC LIBRARY 



AUG 1 1995 



A 



N 



Note: 



Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the. public or witness 
unless approved by the Program Committee. 



I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 

OF SUPERVISORS FOR TEMPORARY SIX-MONTH DESIGNATION OF THREE 
(3) SELLING SPACES ON STOCKTON STREET, WEST SIDE, AT O'FAR- 
RELL STREET (continued from 5/10/95 Program Committee meet- 
ing) 

II HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Leah Mazor - Certificate #4599. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors (April 22, 1995) (report submitted by Police) 

B. Morine Singer - Certificate #4647. Alleged violation: 
Selling in a location not designated by the the Board 
of Supervisors (April 22, 1995) (report submitted by 
Police) 

C. Hubert Emerson Ortis - Certificate #4656. Alleged viola- 
tion: Selling in a location not designated by the Board 
of Supervisors (June 24, 1995) (report submitted by 
Police) 

III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

IV HEARING AND POSSIBLE MOTION TO APPROVE REQUESTS BY FORMER 
CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 




City and County of 
San Francisco 



A. Canute Davis - Certificate § 4678 expired June 29, 1995; 
Mr. Davis's request received by Program on June 30, 
1995; request for waiver of re-screening. 

HEARING AND POSSIBLE MOTION TO RECOMMEND TO THE MAYOR 
FIFTEEN (15) CANDIDATES FOR FIVE (5) POSITIONS ON ADVIS- 
ORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 

Continued. . . 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - August 9, 1995 Agenda 

Page 2 



CANDIDATE 
INTERVIEWED 



ART 
EDUCATOR 



CRAFTS 



1 ) Josie Grant yes 

( incumbent) 
(interv. 3/8/95) 



2 ) Wendy McPhee no 

(incumbent) 
(interv. 3/8/95) 



drawing; painting; printmak- 
ing; beadstringing; dressmak- 
ing; "familiar with" ceramics, 
leathercraft, sculpture, lost 
wax casting, lithography 

computer graphics; animation; 
stained glass; leathercraft; 
silkscreening; ceramics; lost 
wax casting; photography; 
quilting 



3 ) Mathew Porkola 

( incumbent) 
(interv. 3/8/95) 



no 



leathercraft; blown glass; metal 
smithing; f used-glass jewelry; 
woodcraft 



4 ) Susan Tibbon yes 

( incumbent) 
(interv. 3/8/95) 

5 ) Marlena Genau yes 

(interv. 4/12/95) 



drawing; painting; etching; 
sewing; candlemaking; paper 
j ewelry 

fabricated metal jewelry; sculp- 
ture 



6 ) Denise Mediavilla no 

(interv. 4/12/95) 



7 ) Irene Rubin no 
(interv. 4/12/95) 

8 ) David Forth no 

(interv. 5/10/95) 



painting; cast and soldered 
jewelry; cloisonne; carving; 
bookbinding; leathercraft; weav- 
ing; needlepoint 

fimo/sculpy craft; silkscreening; 
jewelry; painting 

graphics/illustration; computer 
graphics; cartooning; prints 
on notecards 



9 ) Nancy Anderson no 

(interv. 5/10/95) 

10) Alicia Keshishian no 

(interv. 6/14/95) 



11) Elizabeth M. Scotta no 

(interv. 6/14/95) 



graphics; silkdyeing; sewing 



ceramics; jewelry; enameling; 
anodizing; printmaking; photo- 
graphy; weaving; graphics 

drawing; fabricated metal 
jewelry; printmaking; photo- 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 9, 1995 Agenda 

Page 3 



CANDIDATE ART CRAFTS 

INTERVIEWED EDUCATOR 

graphy; pottery; quilting 

12) Jacqueline Thompson yes graphic arts; printmaking; 
(interv. 6/14/95) photography; ceramics; fabric- 
ated metal jewelry 

13) Colleen Chafian no beadcraft; fabricated metal 
(interv. 6/14/95) jewelry; embroidery; quilting 

14) Anna Kee yes ceramics; drawing; painting; 
(interv. 6/14/95) photography 

15) Angela Wong no soldered and stone jewelry; 
(interv. 6/14/95) sculpting; painting; woodcraft 

16) Shelley Rideout no handcrafted clothing; textiles; 
(interv. 6/14/95) jewelry 

V ADJOURNMENT 

ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americatis 
with Disabilities Act, all Cily agencies will make reasonable ac commutations to the needs of persons 
with disabilities. 

Full Commission Meetings, anil Individual Committee Meetings of the An Commission will 
he held at 25 Van Ness Avenue. San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held In Suite 70. basement level, and can be accessed by the two main 
elevators In the lobby of the building. 

Accessible seating for persons with disabilities, Including those in wheelchairs, will be 
available. 

Accessible curbslde parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve tills location are: 

J, K, L, M, and N Trains-stopping al Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 H uses-serving the area of Van Ness and Market. 

Civic Center BARF, located at the Intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our ■ccenlblllty hodlne at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. ♦ 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Liz Lcrma in the Community Arts and Education Program at 
(415)252-2596 al least 72 hours prior to meeting. Late requests will be honored if possible. 



S F 



A C 



SAN FRANCISCO ART COMMISSION 






PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art 



Street Artists Licenses 
Suite 70 
415.252.2581 



ft 

STREET ARTISTS PROGRAM COMMITTEE 

August 9, 1995 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



M I 



N U T E S 

Commissioners present: Emily Keeler, Terri Simon 
Commissioner absent: Emery Rogers 



DOC 1MFNTS DEPT. 
AUG 1 7 1995 

SAN FRANCISCO 
PUBLIC LIBRARY 



1$ 

\7C75" 




City and County of 
San Francisco 



Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

Commissioner Keeler, Chair, called the meeting to order at 3:05 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 

OF SUPERVISORS FOR TEMPORARY SIX-MONTH DESIGNATION OF THREE 
(3) SELLING SPACES ON STOCKTON STREET, WEST SIDE, AT O'FAR- 
RELL STREET (continued from 5/10/95 Program Committee meet- 
ing) 

Program Director Lazar reviewed his report on the proposed 
spaces given to the Committee on February 8, 1995 and re- 
iterated two major reasons for requesting designation of 
the spaces: (1) All three would meet all of the public 
safety regulations provided in the street artist ordinance 
(Ord. 41-83); and (2) they would compensate temporarily 
for the loss of six prime, year-round selling spaces two 
blocks northward: the six spaces on Stockton at Post which 
have been eliminated due to re-construction of the building 
housing Dunhill's. The three proposed spaces could be 
subject to review by the Board of Supervisors after six 
months, similar to the Board's review process used for 
the temporary and later permanent designation of two Beach 
Street spaces. 

Street artist William Clark stated that, for the 400 artists 
in the Program and the high turnouts at the lotteries, 
there were not enough prime spaces: not only is the Program 
sustaining a loss of the Dunhill spaces, but the Recreation 
and Park Department has not renewed its permission for 
the artists to use Justin Herman Plaza; and 21 spaces on 
Taylor Street have been poorly impacted by the City's recent 
allowance for tour buses to park there, blocking the sun 
and the public's view of the artists, and emitting fumes 
- without the agency responsible ever informing the Art 
Commission of its intention to make it a bus parking zone. 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - August 9, 1995 Page 2 



Mr. Clark also emphasized that one of the initial purposes 
of founding the Street Artists Program was to help young 
people to make a good life for themselves, to direct them 
away from dope, prostitution, and theft. For this and other 
reasons, he asked that the artists and the store merchants 
cooperate in securing more selling spaces around town. Also, 
if there is a problem with any artist, the problem can 
be expeditiously removed thanks to the Program's recently 
enacted, stronger hearing procedure as well as the Program's 
funding of off-duty Police officers to enforce the 
ordinance. 

Mr. Clark's final point was that all three proposed spaces 
would meet all of the fire and safety regulations of the 
ordinance, and, because of this, there was no reason for 
the artists to not have an opportunity to propose the spaces 
before the people who had enacted the regulations, the 
Board of Supervisors. 

Mr. Edward Lawson, Executive Director of Union Square Assoc- 
iation, stated that he spoke on behalf of the owners and 
tenants of The Limited building, and that his organization 
never asked that the number of street artists be decreased, 
no one has stated that the loss of the six Dunhill spaces 
would be permanent, there were still numbers of unused 
street artist spaces in the immediate area, and his group 
was opposed to the designation of the three spaces by The 
Limited building. 

Mr. Lawson continued to explain his opposition: (1) There 
are problems on Stockton Street and Powell Street because 
these thoroughfares carry the most pedestrian traffic, 
especially during the Christmas season, and the problems 
are now going to be magnified because the City will be 
placing two DeCeaux kiosks, one in front of Great Western 
Bank and one near the entrance of The Limited, which will 
hinder pedestrian movement; to add three more "obstacles," 
street artist displays, on the block would be indefensible; 
and (2) there is an "understanding" that has existed between 
the City, the merchants, and the artists, since the begin- 
ning of the Program, that no more street artist spaces 
would be designated in the Union Square area; some 
exceptions to this have been the temporary Christmas spaces. 

A man who identified himself as "Ali" representing Sanrio, 

39 Stockton Street, said his store, which has existed 

for thirteen years, does not target customers but attracts 

them by virtue of its window displays; therefore, every 



STREET ARTISTS PROGRAM COMMITTEE - August 9, 1995 Page 3 



inch of the sidewalk without obstructions is important 
to the store. He complained about the expanding flower 
stands as encroachments on the thoroughfare. 

Program Director Lazar stated that several years ago Police 
officers on Stockton Street showed him how one of the flower 
stands was violating its permit by expanding on the sidewalk 
and he witnessed the officers verbally warn the owner. 
Mr. Lazar further stated that until the Street Artists 
Program started paying $4,500 each Christmas season to 
the Police to "clean up" Stockton Street - which they suc- 
ceeded in doing two Christmases ago - both sides of the 
street were crowded with displays of illegal (unlicensed) 
vendors whose sweaters, neckties, jewelry, and music tapes 
were in direct competition with the merchandise of the 
stores, and whose congestion clearly put the safety of 
pedestrians in jeopardy. This unchecked congestion used 
to be especially in front of The Limited building. 

Street artist Eunice Rodriguez stated the presence of 
artists in the three proposed spaces would be, as it is 
in other locations, a deterrent to shoplifters. This is 
why, she said, Neiman Marcus likes having the artists 
by its store. 

Former-street artist John Bass stated that the stores along 
Stockton and Powell Streets have continuously tolerated 
unlimited numbers of illegal vendors and musicians and 
never call the Police. Street artists, on the other hand, 
have borne the brunt of the task of calling the Police 
and even receiving the retaliations from the illegals. 
In response to Mr. Lawson ' s statement of unused spaces, 
Mr. Bass said that such spaces have been found to be com- 
mercially unviable. 

Street artist Robert Clark countered Mr. Lawson ' s state- 
ment about an "understanding" between the City and the 
merchants by stating that Mr. Lawson was not involved in 
the creation of the Program in 1972, and, at that time 
and shortly thereafter, the Clarks and other artists met 
with Supervisor Quentin Kopp and officials of the Police 
and Fire Department who told the artists that they could 
continue to ask for any locations in the city so long as 
the locations would meet the police, fire, and safety 
regulations, and the Board would consider them. The art- 
ists were told that the regulations met with the fire and 
safety requirements for the public; therefore, Mr. Lawson' s 
argument of "obstructions" was unfounded. 



STREET ARTISTS PROGRAM COMMITTEE - August 9, 1995 Page 4 



Mr. Clark stated that, with regard to obstructions, in 
recent years the downtown associations had set down on 
the sidewalks in the Union Square area large concrete 
tubs and planters of trees which, he said, are permanent 
obstructions on the sidewalks and were placed in locations 
denied to the street artists. 

Mr. Clark also stated that the merchants' argument of un- 
fair competition as a basis for opposing the spaces would 
be a violation of the State's anti-trust laws. 

Ms. Ellen Kovak of Cushman, Wakefield, the managing agent 
of The Limited building, stated that her company was con- 
cerned about public safety, especially because of the 
anticipated kiosks, and asked whether the City could issue 
a hold-harmless statement to the building. Mr. Lazar 
responded that it would be possible to put such a provision 
in the legislation, as this had been done in the legislation 
designating spaces on Ma^frket Street adjacent to the Chevron 
building. 

Commissioner Simon moved that the Commission approve the 
request to the Board of Supervisors for temporary six-month 
designation of three (3) selling spaces on Stockton Street, 
west side, at O'Farrell Street; the motion was seconded 
by Commissioner Keeler and unanimously approved. 

II REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Mr. Lazar reported hearing of the recent arrest of a street 
artist who was handcuffed in front of the people he was 
sketching and taken to jail where he stayed for four hours 
- all for not having his street artist certificate or other 
identification with him. Mr. Lazar learned that the 
arresting officer was a replacement for one of the regular 
trained officers for the Art Commission's assignment and 
ignored the pleas of adjacent artists who were vouching 
for the artist's identity. Mr. Lazar stated that it was 
never the Commission's nor his request to have any street 
artist jailed or his work confiscated. With the cognizance 
of Commissioner Keeler and Director of Cultural Affairs 
Newirth, he wrote to supervising Sgt. Michael Thompson 
to request that the officer in question not be placed on 
the Commission's assignment, that only the regular, trained 
officers be utilized, and that in the event none of the 
regulars is available, the assignment be cancelled for 



that day. 









STREET ARTISTS PROGRAM COMMITTEE - August 9, 1995 Page 5 



The Commissioners expressed their disfavor of the incident; 
Commissioner Keeler called it "horrible . . . direspectul" 
. . . and "humiliating" for both the artist and the Commis- 
sion. 

III HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

Program Director Lazar reported that the Police Department 
had contacted him that morning to inform him that Officer 
Craig Tom, who witnessed and reported the incidents of 
violations allegedly committed by street artists Leah Mazor, 
Morine Singer, and Hubert Emerson Ortis, was not able to 
attend the meeting and testify due to pneumonia. 
Commissioner Keeler stated that the hearings on alleged 
violations would be continued to the following month. 

IV HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY FORMER 
CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

Canute Davis - Certificate § 4678 expired June 29, 1995; 
Mr. Davis's request was received by the Program on June 
30, 1995; request for waiver of re-screening. Commissioner 
Simon moved that Mr. Davis's request for priority issuance 
with waiver of re-screening be approved; the motion was 
seconded by Commissioner Keeler and unanimously approved. 

V HEARING AND POSSIBLE MOTION TO RECOMMEND TO THE MAYOR FIF- 
TEEN (15) CANDIDATES FOR FIVE (5) POSITIONS ON THE ADVISORY 
COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 

Commissioner Simon moved that the following candidates, 
ranked in order of preference, be submitted to the Mayor 
for consideration in appointing five members to the Advisory 
Committee of Street Artists and Craftsmen Examiners: 

Term 11/27/95 - 11/27/97 

1) Mathew Porkola (incumbent) 

2) Alicia Keshishian 

3) Susan Tibbon 

Term 11/27/94 - 11/27/96 (Art Educator Member) 

1) Josie Grant (incumbent) 

2) Susan Tibbon 

3 ) Marlena Genau 

Term 11/27/95 - 11/27/97 
1 ) Irene Rubin 



STREET ARTISTS PROGRAM COMMITTEE - August 9, 1995 Page 6 



2) Alicia Keshishian 

3) Susan Tibbon (incumbent) 

Term 11/27/94 - 11/27/96 

1 ) Jacqueline Thompson 

2) Susan Tibbon 

3) Marlena Genau 

Term 11/27/95 - 11/27/97 

1 ) Anna Kee 

2) Susan Tibbon 

3) Colleen Chafian 

The motion was seconded by Commissioner Keeler and unan- 
imously approved. * 

Commissioner Simon moved for adjournment; the motion was 
seconded by Commissioner Keeler and unanimously approved 

The meeting adjourned at 4:00 p.m. 

Respectfully submitted: 



'^ffUlOJ^L 




Howard Lazar 

Director 

Street Artists Program 



* See attached list of candidates' arts and crafts. 



At its meeting of August 9, 1995, the Street artists Program 
Committee voted to recommend to the full Art Commissinon that 
the following candidates, ranked in order of the Committee's 
preference, be submitted to the Mayor for consideration in 
appointing five members to the Advisory Committee of Street 
Artists and Craftsmen Examiners: 



Term 11/27/95 - 11/27/97 

1) Mathew Porkola (incumbent 



2) Alician Keshishian 



3) Susan Tibbon 



leathercraf t ; blown glass; 
metalsmithing; fused-glass 
jewelry; woodcraft 
ceramics; jewelry; enameling; 
anodizing; printmaking; photo- 
graphy; weaving; graphics 
drawing; painting; etching; 
sewing; candlemaking; paper 
j ewelry 



Term 11/27/94 - 11/27/96 (Art Educator Member) 



1) Josie Grant (incumbent) 

2) Susan Tibbon 

3) Marlena Genau 



drawing; painting; printmaking; 
beadstringing; dressmaking 
(see above for crafts) 
fabricated metal jewelry; sculp- 
ture 



Term 11/27/95 - 11/27/97 

1 ) Irene Rubin 

2) Alicia Keshishian 

3) Susan Tibbon (incumbent 



fimo/sculpey craft; silkscreen- 
ing; jewelry; painting 
(see above for crafts) 
(see above for crafts) 



Term 11/27/94 - 11/27/96 
1 ) Jacqueline Thompson 



2) Susan Tibbon 

3) Marlena Genau 



graphic arts; printmaking; 
photography; ceramics; fabri 
cated metal jewelry 
(see above for crafts) 
(see above for crafts) 



Term 11/27/95 - 11/27/97 

1 ) Anna Kee 

2 ) Susan Tibbon 

3) Colleen Chafian 



ceramics; drawing; painting; 

photography 

(see above for crafts) 

beadcraft; fabricated metal 

jewelry; embroidery; quilting 



S F 



AC 



/ 9f 

SAN FRANCISCO ART COMM I S S I O N 

STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, September 13, 1995 r i ^/\£^"^ 

programs 3:00 p.m. DOG 



civic art collection Art Commission Conference Room SEP " ** 

Suite 70 (basement area) am FRANCISCO 

25 Van Ness Avenue PUBLIC UBRARV 

San Francisco, California ^ 



Civic Design Review 

Community Arts 

& Education 

Cultural Eqjjity Grants 

Gallery 

POPS Symphony Concerts 



PublicArt ^AGENDA 

street artists licenses Note: Public testimony is invited and shall be limited to three 
"* r 415.2522581 (3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
]r jQ^n^ unless approved by the Program Committee. 



F/'V* - 



I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
SELLING SPACES FOR STREET ARTISTS IN THE DOWNTOWN AREA; 
AT FLOWER MART AREA ( 6TH AND BRANNAN STREETS ) ; AND AT HARVEY 
MILK PLAZA (MARKET AND CASTRO STREETS); FOR NOVEMBER 15, 
1995 - JANUARY 15, 1996 

Program Director's Proposal: 

1) Downtown Area - The same 59 spaces approved by 
Board of Supervisors the previous year (Res. No. 945-94); 
for the fourth consecutive year, the Street Artists Pro- 
gram to pay for Police officers and van (Special Law 
Enforcement Services) out of its license fees for the 
two-week period prior to Christmas in order to confiscate 
the merchandise of unlicensed vendors and to verify that 
licensed street artists are selling in legal spaces; 

2) Flower Mart Area - 6th Street, east side, at Bran- 
nan Street: 6 spaces; Brannan Street, north side, at 6th 
Street: 2 spaces; all spaces to be exempted from Section 
2405(c) (16), Ord. 41-83 requiring maintenance of a 10- 
foot pedestrian passageway; in addition, Brannan Street 
spaces to be exempted from Section 2405(c)(6) requiring 
12-foot distance from doorway, and Section 2405(c) (11) 
requiring 5-foot distance between spaces. 

3) Harvey Milk Plaza Castro and Market Streets) 
the same 7 spaces formerly approved by the Board of Super- 
visors and Public Utilities Commission for December 1, 
1992 - February 28, 1993: 3 spaces on upper level; 4 spaces 
on lower level exempted from Section 2405(c)(6) which pro- 
hibits street artists from selling within 12 feet from 
outer edge of any entrance to a building. 




HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

city and county of (continued from 8/9/95 meeting) 

San Francisco 



Continued, 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - September 13, 1995 Agenda 

Page 2 



A. Leah Mazor - Certificate #4599. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors (April 22, 1995) (report by Police) 

B. Hubert Emerson Ortis - Certificate #4647. Alleged 
violation: Selling in a location not designated by the 
Board of Supervisors (June 24, 1995) (report by Police) 

III HEARING AND POSSIBLE MOTION TO DISMISS MEMBER FROM LOTTERY 
COMMITTEE; POSSIBLE MOTION TO PROHIBIT MEMBER FROM RUNNING 
FOR ELECTION TO LOTTERY COMMITTEE FOR ONE YEAR 

A. Therese Roller - Certificate #4434. Alleged infringement 
of Lottery procedure: Failure to check street artist 
certificates while conducting lottery sign-in for spaces 
(August 12, 1995) 

IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

At this time, members of the Public may address the Commis- 
sion on items of interest to the public that are within 
the subject matter jurisdiction of the Commission except 
agenda items. 

VI ADJOURNMENT 






A CCESSWILITY IN FORMA TION 

'Pursuant to City jwlicy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and Individual Committee Meetings of the An Commission will 
l>c held at 25 Van Ness Avenue. San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held In Suite 70, basement level, and can lie accessed by lite two main 
elevators In the lobby of the building. 

Accessible seating for persons with disabilities, Including those In wheelchairs, will be 
available. 

Accessible cutfalde parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Tral as -stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses -serving the area of Van Ness and Market. 

Civic Center BART, located at the Intersection of Grove, Hyde, and Market Streets. 

For more Information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our ■ccenlblllty hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. , 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Liz Lcrma in the Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 



•70. 15 

u. 

MM 



S F 



A C 



PROGRAMS 



SAN FRANCISCO ART COMMI S S I O N 

STREET ARTISTS PROGRAM COMMITTEE 



qqPI imcMTq DEPT 

SEP 2 9 1995 

SAN FRANCISCO 
PUBLIC LIBRARY 



September 13, 1995 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

public art commissioners present: Emery Rogers, Terri Simon 



A 



M 



N U 



street artists licenses Commissioner absent: Emily Keeler 

Suite 70 
415. 2S2. 2581 _ , __ . . , 

Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

The meeting was chaired by Commissioner Simon who introduced 
Commissioner Rogers as member of the Committee. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
SELLING SPACES FOR STREET ARTISTS IN THE DOWNTOWN AREA; 
AT FLOWER MART AREA ( 6TH AND BRANNAN STREETS ) ; AND AT HARVEY 
MILK PLAZA (MARKET AND CASTRO STREETS); FOR NOVEMBER 15, 
1995 - JANUARY 15, 1996 

Program Director Lazar introduced his proposal, which had 
been submitted last January by street artist Barbara Pope, 
for temporary spaces at the Flower Mart area. Referring 
to a map he had drawn after investigating the area with 
staff, Mr. Lazar proposed for 6th Street, east side, at 
Brannan Street: 6 spaces; for Brannan Street, north side, 
at 6th Street: 2 spaces; all spaces to be exempted from 
Section 2405(c) (16), Ord. 41-83, requiring maintenance 
of a 10-foot pedestrian passageway; in addition, Brannan 
Street spaces to be exempted from Section 2405(c)(6) re- 
quiring 12-foot distance froom doorway,, and Section 2405 
(c)(ll) requiring 5-foot distance between spaces. 

Mr. Angelo Stagnaro, Jr., Vice President and General Man- 
ager of San Francisco Flower Growers Association, Inc., 
voiced opposition to the proposal. Referring to his let- 
ter-reply to the Program Director, Mr. Stagnaro stated 
that the proposed locations would be dangerous for both 
artists and customers because of the Brannan Street yellow 
zone, the 6th street red zone, delivery trucks, and products 
being moved back and forth all day on the sidewalks. 

Street artist Barbara Pope, referring to her letter to 
the Program Director, stated that the mart's delivery activ- 
ities commence at 3 a.m. and end after 8 a.m.; the requested 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - September 13, 1995 
Page 2 



spaces would not be by the mart's main entrances but would 
be by the cafe where pedestrians are and the pedestrians 
and artists would be safe; and the artists would not be 
taking away viable income from the mart's merchants. 

Officer Tom Mandelke of Southern Station stated that he 
routinely patrols the 6th and Brannan area and has observed 
that it is a heavily trafficked area with cars coming off 
the adjacent Highway 280 off-ramp, not slowing down, and 
people carrying large bouquets and other merchandise from 
the mart. He said that crowds having to walk around the 
street arist displays could, if they had to step off the 
sidewalk, get hit by the speeding cars. 

Commissioner Rogers moved that the proposal for the Flower 
Mart area spaces be disapproved and deleted from the Program 
Director's proposal for temporary holiday spaces; the motion 
was seconded by Commissioner Simon and unanimously approved. 

The Program Director introduced his proposal for spaces 
at Harvey Milk Plaza: the same 7 spaces formerly approved 
by the Board of Supervisors and Public Utilities Commission 
for December 1, 1992 - February 28, 1993. These comprise 
3 spaces on the upper (street) level; and 4 spaces on the 
lower level again exempted from Section 2405(c)(6) which 
prohibits street artists from selling within 12 feet of 
the outer edge of any entrance to a building. 

The Commissioners read a letter sent by Mr. Gerald Abbott 
of Merchants of Upper Market which stated the organiza- 
tion's unwillingness to support the proposal because one 
of its members, whose store sells handmade jewelry, was 
"concerned about the selling of comparable goods in direct 
competition with some members." The letter further stated 
that the organization could support the proposal if assur- 
ance would be given that the spaces at Harvey Milk Plaza 
would be restricted for usage by artists "selling items 
not offered anywhere in the neighborhood." 

Speaking in support of the proposal were street artists 
Daniel Turner and Robert Clark who stated that Harvey Milk 
had been a friend of his and had tried to obtain more sell- 
ing spaces for the artists; because of this, it would be 
an honor for him to have spaces in the Plaza. 

Commissioner Rogers moved that the Program Director's pro- 
posal for temporary holiday spaces at Harvey Milk Plaza 



STREET ARTISTS PROGRAM COMMITTEE - September 13, 1995 
Page 3 



be approved for submittal to the Board of Supervisors; 
the motion was seconded by Commissioner Simon and 
unanimously approved. 

The Program Director introduced his proposal for the 
Downtown area: the same 59 spaces approved by the Board 
of Supervisors the previous year (Resolution No. 945-94); 
for the 4th consecutive year, the Street Artists Program 
to pay for Police officers and a van (Special Law 
Enforcement Services) out of its license fees for the two- 
week period prior to Christmas in order to confiscate the 
merchandise of unlicensed vendors and to verify that 
licensed street artists are selling in legal spaces. 

The Commissioners noted that no representative from any 
of the 32 store merchants, merchant or building owner as- 
sociations who had been notified for the hearing was pre- 
sent. 

Commissioner Rogers moved that the Program Director's pro- 
posal for temporary holiday spaces in the Downtown area 
be approved for submittal to the Board of Supervisors; 
the motion was seconded by Commissioner Simon and unan- 
imously approved. 

II HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

(continued from 8/9/95 meeting) 

A. Leah Mazor - Certificate #4599. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors (April 22, 1995) (report by Police). 

Officer Craig Tom testified to having cited Ms. Mazor 
for having her display set up adjacent to 481 Jeffer- 
son Street in an illegal area which now has spaces 
"J-1A" and "J-1B." He stated that he obtained the lot- 
tery list of those artists assigned to locations and 
confirmed that Ms. Mazor was not assigned to any space 
in the area. He further stated that she told him she 
received lottery number 53 and that it had not been 
good enough to get her a good space. The officer said 
she had been cooperative with him. According to his 
incident report, Ms. Mazor ' s "folding table and jewlery/ 
silk display" was "set up in front of her." 

The Program Director submitted a copy of an excerpt 



STREET ARTISTS PROGRAM COMMITTEE - September 13, 1995 
Page 4 



from his inspection logbook of October 26, 1994 and 
stated that on this earlier occasion he had observed 
Ms. Mazor selling in an illegal location on the same 
block of Jefferson Street. 

Ms. Mazor stated that she did not deny she was in the 
location for which she was cited, that when she saw the 
officer she began to load her display back into her 
car, and that, since that time, she has not violated 
any of the rules. She pointed out that the citation 
was given in April; she asked that she be given the 
opportunity to continue to sell. 

Commissioner Rogers moved that Leah Mazor be found in 
violation of the street artist ordinance for having 
sold in a location not designated by the Board of Super- 
visors and that Ms. Mazor ' s certificate be suspended 
for a period of three weeks; the motion was seconded by 
Commissioner Simon and unanimously approved. 

B. Hubert Emerson Ortis - Certificate #4647. Alleged viola 
tion: Selling in a location not designated by the Board 
of Supervisors (June 24, 1995) (report by Police). 

The Commissioners noted that Mr. Ortis was not present 
and that the artist had been notified that, according 
to the Art Commission's Hearing Procedure of Street 
Artist Violations, failure to appear at the hearing 
might result in a Program Committee recommendation of 
the penalty for the violation of which the artist was 
charged. 

Officer Craig Tom testified that he cited Mr. Ortis 
for selling in the illegal area between spaces "J-l" 
and "J-2," and that "J-l" and "J-2" were rightfully 
occupied as confirmed, he said, by the lottery sign- 
in sheet. He further testified that Mr. Ortis' s dis- 
play was open and Mr. Ortis was sitting behind it in 
a seat. The officer's incident report stated Mr. Ortis 
"was attempting to sell handmade earrings and rings." 

The Program Director submitted a copy of an excerpt 
from his inspection logbook of October 26, 1994 which 
records that, on that earlier occasion, Mr. Ortis was 
observed selling in an illegal location on the same 
block of Jefferson Street. 



STREET ARTISTS PROGRAM COMMITTEE - September 13, 1995 
Page 5 



Commissioner Rogers moved that Hubert Emerson Ortis be 
found in violation of the street artist ordinance for 
having sold in a location not designated by the Board of 
Supervisors and that Mr. Ortis' s certificate be suspended 
for a period of three weeks; the motion was seconded by 
Commissioner Simon and unanimously approved. 

III HEARING AND POSSIBLE MOTION TO DISMISS MEMBER FROM LOTTERY 
COMMITTEE; POSSIBLE MOTION TO PROHIBIT MEMBER FROM RUNNING 
FOR ELECTION TO LOTTERY COMMITTEE FOR ONE YEAR 

Therese Roller - Certificate #4434. Alleged infringement 
of lottery procedure: Failure to check street artist 
certificates while conducting lottery sign-in for spaces 
(August 12, 1995). 

Ms. Roller was not present. Street artist Kathy Hallinan 
submitted a letter signed by Ms. Roller. The Program Dir- 
ector reported that Ms. Roller had left a message on the 
Program's voice mail on September 8th which stated that 
she had not received notice of her hearing and learned 
of it by receiving the Committee's agenda, and that she 
would be out of town. 

The Program Director stated that, after consulting with 
the City Attorney's office on the Art Commission's authority 
in this matter, he was advised to notify Ms. Roller by 
certified mail for a rescheduled hearing for next month 
and to inform her that if she fails to appear and, in the 
future, is elected to the Lottery Committee, the Program 
would recommend to the Art Commission that she not be ap- 
proved as a member until a hearing is held on the present 
complaint. 

Commissioner Simon asked that the hearing be rescheduled 
for October. 

IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

The Program Director referred to the complaint submitted 
by several artists against street artists Virginia Burris 
and Ray Jones alleging that on January 28, 1995, Ms. Bur- 
ris, a member of the Lottery Committee, had entered the 
expired certificate of Ray Jones into the lottery and ob- 
tained and sold in a space with Mr. Jones. After investi- 
gating the complaint, the Program Director had determined 



STREET ARTISTS PROGRAM COMMITTEE - September 13, 1995 
Page 6 



that a strong possibility existed of Ms. Burris's action 
being unintentional since Mr. Jones's certificate had 
expired only one day before and the fact that many artists 
who petitioned the Commission for priority in obtaining 
a new certificate have stated, over the years, in their 
hearings that they hadn't known their certificates had 
expired because they had forgotten to look at them. The 
Program Director chose to issue Ms. Burris a warning. 
Since that time, two artists wrote urging a hearing on 
the matter; and the Program Director submitted their 
requests and his own notes on the investigation to the 
Program Committee, requesting a determination on whether 
the Committee should hold a hearing. 

Commissioner Simon stated that such a hearing would be 
calendared for October. 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

Street artist Michael Granatt proposed that the staff in- 
vestigate future sites for street artist spaces on 3rd 
Street adjacent to Yerba Buena Gardens. He said no com- 
mercial activity faced the location, so there would be 
no stores to object to the presence of the artists. 

Street artist Eunice Rodriguez proposed that the staff 
investigate the possibility of obtaining three or four 
spaces on the east side of Stockton Street adjacent to 
Virgin Records. She also proposed six spaces on 4th Street, 
west side, Mission to Howard Streets. 

Street artist Kathy Hallinan endorsed the Committee's 
decision to hear the Virginia Burris/Ray Jones matter and 
criticized the City Attorney's clarification of the Program 
Director's role of being analagous to a prosecutor's 
authority to select violation cases for hearing and 
to dismiss others with warning. 

Former-street artist John Bass told the Commissioners that 
since they serve pro bono and have limited time to take 
up all the issues of the Street Artists Program, if there 
were no one to screen all the complaints that come to the 
office, the Commissioners would soon become unable to act. 
For this reason, there has to be someone to make decision 
calls on what cases should be submitted for hearing or 
not; such a person has to be like a prosecutor, and the 



STREET ARTISTS PROGRAM COMMITTEE - September 13, 1995 
Page 7 



Program Director was doing his job well. 

Street artist Robert Clark told the Commissioners that 
he has submitted, for the Committee's October agenda, a 
proposed rule to give the Program Director authority to 
immediately dismiss any member of the Lottery Committee 
upon complaint of the member's having violated a lottery 
rule, and to make the Program Director a hearing officer 
to decide on reinstatement of the member. 



The meeting adjourned at 4:15 p.m. 



Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



/ 

SAN 



/ 



/ 



FRANCISCO ART COMMISSION 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art 



Street Artists Licenses Note 
Suite 70 
415.252.2581 



A/ 

STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, ^October 11, 1995 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DO r ' im«=mtS DEPT. 

OCT 4 1995 

SAN FRANCISCO 

PLJL.C LiBF { 



^A 

9 



N 



Public testimony is invited and shall be limited to three 
(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARING AND POSSIBLE MOTION TO FIND AN INFRINGEMENT OF 
LOTTERY RULE BY FORMER LOTTERY COMMITTEE MEMBER WHILE 
SERVING PREVIOUSLY AS MEMBER 

A. Therese Roller - Certificate #4434. Alleged infringement 
of Lottery procedure (Lottery Rule VIII): Failure to 
check street artist certificates while conducting lottery 
sign-in for spaces (August 12, 1995) 

II HEARING AND POSSIBLE MOTION TO DISMISS MEMBER FROM LOTTERY 
COMMITTEE AND PROHIBIT MEMBER FROM RUNNING FOR ELECTION 

TO LOTTERY COMMITTEE FOR ONE YEAR DUE TO ALLEGED INFRINGE- 
MENT OF LOTTERY PROCEDURE; HEARING AND POSSIBLE MOTION 
TO SUSPEND CERTIFICATE FOR VIOLATION OF ORD. 41-83 

A. Virginia Burris - Certificate # 2354. (1) Alleged in- 
fringement of lottery procedure (Lottery Rule VIII): 
Failure to check an artist's certificate and entering 
said certificate into the lottery (January 28, 1995); 
(2) Alleged violation of ordinance (Ord. 41-83, Sec. 
7(a) ): Assisting in obtaining a space for an artist 
whose certificate had expired and selling in said space. 

III HEARING AND POSSIBLE MOTION TO SUSPEND CERTIFICATE FOR 
ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 




City and County of 
San Francisco 



A. Ray Jones - Certificate # 4546. Alleged violation of 
ordinance (Ord. 41-83, Section 2406): Obtaining a lot- 
terized space and selling in said space with an expired 
certificate. 

HEARING AND POSSIBLE MOTION TO DISMISS MEMBER FROM LOTTERY 
COMMITTEE AND PROHIBIT MEMBER FROM RUNNING FOR ELECTION 
TO COMMITTEE FOR ONE YEAR DUE TO INFRINGEMENT OF ORDINANCE 

A. Leah Mazor - Certificate # 4599. Possible motion to 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - 10/11/95 Agenda Page 2 



dismiss based on 9/13/95 Program Committee finding of 
violation of street artist ordinance and upon Lottery 
Rule VII which states that any infringement of the street 
artist ordinance or the lottery rules by any Lottery 
Committee member "may result, after a hearing conducted 
by the Art Commission, in dismissal." 

V RE-HEARING AND POSSIBLE MOTION TO SUSPEND CERTIFICATE FOR 
ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 

A. Hubert Emerson Ortiz - Certificate # ASA1 . Alleged 
violation: Selling in a location not designated by the 
Board of Supervisors (June 24, 1995). (Re-hearing ordered 
by Program Director, by authority of Ord. 291-94, after 
finding that artist failed to appear at 9/13/95 hearing 
and has, for good cause, subsequently requested another 
hearing. ) 

VI HEARINGS AND POSSIBLE MOTIONS TO APPROVE REQUESTS BY FORMER 
CERTIFICATE-HOLDERS FOR PRIORITY ISSUANCE OF CERTIFICATE 
WITH WAIVER OF RE- SCREENING OF WARES 

A. Janice M. Keleher - Certificate § 4303 expired September 
24, 1993; Ms. Keleher' s request received September 21, 
1995. 

B. Kathleen Peabody - Certificate § 4645 expired December 
14, 1995; Ms. Peabody ' s request received September 21, 
1995. 

VII HEARING ON STREET ARTIST-PROPOSED AMENDMENTS TO LOTTERY 
RULES (hearing without motion to adopt) 

A. Eliminate election of Lottery Committee members and 
replace election with selection of members by lot 

(amending Lottery Rule V, " ELECTION OF LOTTERY COMMIT- 
TEE " ) . 

B. Adopt an amendment to provide that any street artist 
who fails to produce a valid certificate at the sign- 
in for spaces shall be prohibited from obtaining a space 

(amending Rule VIII, " LOTTERY PROCEDURE "). 

C. Eliminate provision for Art Commission dismissal of 
any Lottery Committee member who infringes the Lottery 
rules or ordinance, and replace with provision for Pro- 
gram Director to immediately dismiss any such member 
based upon complaint and to authorize Program Director 



STREET ARTISTS PROGRAM COMMITTEE - 10/11/95 Agenda Page 3 



to act as hearing officer on requests for reinstatement 
to the Committee (amending Rule VII, " INFRINGEMENTS 
OF GUIDELINES ") . 

D. Adopt an amendment to provide for suspension of certif- 
cate of any Lottery Committee member who is found to 
have violated any of the procedures for conducting the 
lottery or the sign-in for spaces (amending Rule VII, 
" INFRINGEMENTS OF GUIDELINES " ) . 

VIII HEARING AND POSSIBLE MOTION TO ADOPT AMENDMENT TO LOTTERY 
RULE VIII, " LOTTERY PROCEDURE ," TO PROVIDE FOR TWO (2) 
LOTTERY COMMITTEE MEMBERS PER DAY FOR CONDUCTING THE LOT- 
TERIES, ONE MEMBER TO CONDUCT THE WHARF LOTTERY AND ONE 
MEMBER TO CONDUCT THE DOWNTOWN LOTTERY, DURING THE PERIOD 
OF NOVEMBER 15 - JANUARY 15 (amendment recommended by vote 
of Lottery Committee at 9/7/95 meeting) 

IX REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

X PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

At this time, members of the Public may address the Commis- 
sion on items of interest to the public that are within 
the subject matter jurisdiction of the Commission except 
agenda items. 

VI ADJOURNMENT 



ACCESSIBILITY INFORMATION 

'Pursuant to City fwlicy and the requirements of the 1973 Rehabilitation Act and the 1990 Americatis 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and Individual Committee Meetings of the Art Commission will 
he held at 25 Van Ness Avenue. San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held In Suite 70. basement level, and can be accessed by the two main 
elevators In the lobby of the building. 

Accessible sealing for persons with disabilities, Including those In wheelchairs, will he 
available. 

Accessible curbslde parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Tralas -stopping al Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the Intersection of Grove, Hyde, and Market Streets. 

For more lnfonnallon on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity ur related 
disabilities should call our accculbility hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
(hat other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. « 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Liz Lcrma in the Community Arts and Education Program al 
(415)252-2596 al least 72 hours prior (o meeting. Late requests will be honored if possible. 



S F 



AC 



I , 

PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art 



/ // 

SAN FRANCISCO ART COMMISSION 



/// 



STREET ARTISTS PROGRAM COMMITTEE 



October 11, 1995 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 

//// 

MINUTES 



,DOOI 1MF MT S DEPT. 
NOV 1 1995 

SAN FRANCISCO 
PUBLiC LIB! / 



Commissioners present: Emery Rogers, Terri Simon 



Street Artists Licenses Commissioner absent: 
Suite 70 



Emily Keeler 



41S. 252. 2581 



Staff present: 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 




City and County of 
San Francisco 



The meeting was chaired by Commissioner Simon who who convened 
the meeting at 3:00 p.m. 

I HEARINGS AND POSSIBLE MOTIONS TO APPROVE REQUESTS BY FORMER 
CERTIFICATE-HOLDERS FOR PRIORITY ISSUANCE OF CERTIFICATE 
WITH WAIVER OF RE- SCREENING OF WARES 

A. Janice M. Keleher - Certificate # 4303 expired September 
24, 1993; Ms. Keleher' s request was received by the 
Program on September 21, 1995. Ms. Keleher was present 
and answered questions by the Committee. Commissioner 
Rogers moved that Ms. Keleher 's request for priority 
issuance with waiver of re-screening of wares be ap- 
proved; the motion was seconded by Commissioner Simon 
and unanimously approved. 

B. Kathleen Peabody - Certificate # 4645 expired December 
14, 1994; Ms. Peabody ' s request was received by the 
Program on September 21, 1995. Ms. Peabody was present 
and answered questions by the Committee. Commissioner 
Rogers moved that Ms. Peabody ' s request for priority 
issuance of certificate with waiver of re-screening 

of wares be approved; the motion was seconded by Com- 
missioner Simon and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO FIND AN INFRINGEMENT OF 
LOTTERY RULE BY FORMER LOTTERY COMMITTEE MEMBER WHILE 
SERVING PREVIOUSLY AS MEMBER 

Therese Roller - Certificate # 4434. Alleged infringement 
of Lottery procedure (Lottery Rule VIII): Failure to check 
street artist certificates while conducting lottery sign- 
in for spaces (August 12, 1995). 

Program Director Lazar reported that on June 23, 1995 he 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 2 



wrote to Lottery Committee member Therese Koller informing 
her that the Program had received two complaints alleging 
that on three occasions she had refused to check street 
artist certificates at the lottery's sign-in for spaces. 
The Program Director's letter requested that she implement 
the lottery rules and guidelines and warned her that any 
further complaint received by the Program regarding her 
failure to implement the rules would be referred to the 
Program Committee for a hearing to consider dismissing 
her from the Lottery Committee. On August 9th, the Pro- 
gram received a letter from Ms. Koller stating that she 
"was never legitimately informed of the October 1993 amend- 
ment" the Commission adopted mandating the person assigning 
the spaces to check the certificates of artists receiving 
spaces. Nevertheless, according to the Program's telephone 
logbook, Ms. Koller during 1994 called in on eight occasions 
to report the names of artists who had not had their 
certificates to show at the sign-in for spaces. 

While Ms. Koller, in her letter, acknowledged with a "thank 
you for informing" her "that there is in fact an amendment 
to check licenses," the Program on August 14th received 
a new complaint alleging that on August 12th Ms. Koller 
conducted the lottery, signed in artists, and did not check 
the certificates of "at least a dozen" artists. The mat- 
ter was calendared for the Program Committee's meeting 
last month and was re-scheduled for the present meeting 
after Ms. Koller informed the office that she had not re- 
ceived the Program's notification sent to her. 

In the interim of the two scheduled meetings, Ms. Roller's 
term on the Lottery Committee expired. The purpose of 
the hearing presently scheduled was to determine whether 
Ms. Koller had violated a lottery rule while serving pre- 
viously on the Lottery Committee; if such finding be made, 
and should Ms. Koller in the future be elected to the Lot- 
tery Committee, the Program would schedule a hearing for 
her before the Program Committee to consider dismissing 
her based on the finding of the October 11th hearing. 

In response to questions from the Commissioners, Ms. Koller 
stated that she had already checked the artists ' 
certificates prior to the sign-in and had not needed to 
check them again. She further stated that many certificates 
she is able to remember and can tell the date they expire. 
She stated that she requested the rule in writing and has 
never seen it, that she was expected to do her job while 
"you're expected not to do your job," and that she was 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 3 



"supposed to be hounded because you all want me to go along 
with stuff that really is outrageous ..." and "petty." 

Street artists Maria Hillius and Kathy Hallinan supported 
Ms. Roller's actions; Ms. Hallinan stated there was a "com- 
munication gap" in procedures in checking the certificates, 
and that she never saw Ms. Roller not check certificates. 

Street artist Robert Clark testified to having filed the 
October 14th complaint against Ms. Koller after several 
weekends of watching her not check certificates. He further 
stated that several meetings had been conducted at the 
Art Commission of which Ms. Koller and Ms. Hallinan did 
not attend and, during these, it had been decided that 
certificates would be checked at the sign-in for spaces 
and not at the beginning of the lottery. The benefit of 
this procedure, he said, was for the participating artists, 
and not the lottery workers, to know that the checking 
of certificates would be made in front of them. He 
emphasized that Ms. Koller did not have the right to im- 
plement the rule in her own way when the Commission had 
already approved the way it would be implemented. 

Mr. Clark stated that on August 12th he witnessed her 
deliberately not check the certificates. He asked the 
Commissioners to ascertain whether she intended to im- 
plement the rule in the way the Commission had decided. 

Street artist Eunice Rodriguez testified that she had to 
telephone the Program office, because Ms. Koller had refused 
to do so, with the names of five artists who had not shown 
their certificates at the sign-in, and the office verified 
that two of these had expired certificates. Mrs* Rodriguez 
supported the Commission's rule: it was important that 
the check be made. 

Street artist Virginia Burris testified that Ms. Koller 
had been trying to show off her prowess of memory, that 
when she told Ms. Burris her certificate's expiration date 
without looking at it, she was five days off. Ms. Burris 
stated that Ms. Koller 's memory was not reliable. 

The Program director stated that his June 23rd warning 
letter to Ms. Koller had quoted the wording of the rule 
requiring a checking of certificates prior to an artist's 
signing in for a space. 

Commissioner Simon stated that it was important that the 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 4 



existing rules be followed. To Ms. Roller she stated that 
when there had been discussion on the proposed rule, Ms. 
Roller could have attended and given her comments. The 
rule, however, was voted on, everyone knew of it, and Ms. 
Roller had responded to the Program Director's letter as 
if she were aware of the rule. While Ms. Roller was check- 
ing certificates, the Commissioner stated, she was not 
doing so at the time the artists were signing in for their 
spaces, which is what the rule requires. If Ms. Roller 
did not like the rule, her options were to not apply for 
membership on the Lottery Committee or to approach the 
Commission with a proposal to change the rule. 

Commissioner Rogers stated that it did not appear that 
having to check the artists' certificates at the sign-in 
was difficult. 

Commissioner Rogers moved that Ms. Roller be found to have 
infringed a lottery rule, Lottery Rule VIII, while serving 
previously as a member of the Lottery Committee; the motion 
was seconded by Commissioner Simon and unanimously approved 

To Ms. Roller, Commissioner Simon stated that if Ms. Roller 
were to run for election to the Lottery Committee, approval 
of her membership would have to come before the Program 
Committee. 

Ill HEARING AND POSSIBLE MOTION TO DISMISS MEMBER FROM LOTTERY 
COMMITTEE AND PROHIBIT MEMBER FROM RUNNING FOR ELECTION 
TO LOTTERY COMMITTEE FOR ONE YEAR DUE TO ALLEGED INFRINGE- 
MENT OF LOTTERY PROCEDURE; HEARING AND POSSIBLE MOTION 
TO SUSPEND CERTIFICATE FOR VIOLATION OF ORD. 41-83 

Virginia Burris - Certificate # 2354. (1) Alleged infringe- 
ment of lottery procedure (Lottery Rule VIII): Failure 
to check an artist's certificate and entering said certif- 
icate into the lottery (January 28, 1995); (2) Alleged 
violation of ordinance (Ord. 41-83, Sec. 7(a) ): Assisting 
in obtaining a space for an artist whose certificate had 
expired and selling in said space. 

The Program Director explained that this case had come 
to him early in the year as a complaint from street artist 
Rathy Hallinan who alleged that Lottery Committee member 
Virginia Burris, allowed to enter the name of her disabled 
friend Ray Jones, had entered Mr. Jone ' s name on the day 
after his certificate had expired. Ms. Burris did not show 
Mr. Jones's certificate but told Ms. Hallinan, who was 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 5 



conducting the lottery, that he was nearby in the car. 
Ms. Burris obtained a space for Mr. Jones and, as a result, 
was able to share it with him: it was alleged that they 
both sold in the space. 

The Program Director investigated the complaint and spoke 
with all parties involved. He was told that Mr. Jones's 
certificate had not been with them when Ms. Burris obtained 
the space - it had been left at home - and neither Ms. 
Burris nor Mr. Jones had been aware of its expiration 
because neither had looked at it. The Program Director 
chose to issue a warning to Ms. Burris. He chose not to 
issue a warning to Mr. Jones because at the time of the 
incident, Mr. Jones was out of the Art Commission's juris- 
diction. The basis for giving Ms. Burris a warning was 
the fact that warnings had been given to other violators 
of the ordinance - in fact, a warning had been given to 
Ms. Hallinan and two other artists a year before after 
the Program Director photographed them selling in illegal 
locations. Furthermore, the City Attorney had advised 
the Program Director to be selective in submitting cases 
to the Program Committee in consideration of limited 
Commissioners' time and Program budget constraints, that 
the Program Director should submit as a priority those 
cases of repeated offense or serious nature. This advice 
had been supported by the Program Committee over the past 
two years in encouragement to give warnings, whenever pru- 
dent, to first-time offenders. In Ms. Burris 's case, the 
Program Director felt that there was a strong possibility 
that the offense had not been intentional, that it was 
possible that neither she nor Mr. Jones had looked at the 
certificate, and that this reasoning was consistent with 
testimony received by the Program Committee throughout 
the years from former certificate-holders seeking priority 
certificates: such artists invariably told the Committee 
their old certificates had expired because they had failed 
to look at them and read the expiration date. 

The Program Director's decision was not a popular one. 
Ms. Hallinan and another artist Riccardo Amodei had written, 
with supporting signatures of fourteen other artists, for 
a hearing with the Program Committee and Ms. Burris 's dis- 
missal from the Lottery Committee as well as suspension 
of certificates of both Ms. Burris and Mr. Jones. The 
Program Committee granted the request for hearing at the 
previous month's meeting. 

Street artist Kathy Hallinan submitted a letter and stated 
that the incident occurred on the first sunny weekend when 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 6 



she, Ms. Hallinan, was running the lottery. Ms. Burris 
came up to her and told her that Ms. Jones's certificate 
was in the van, and she obtained the last space on Jefferson 
Street for him. When Ms. Hallinan called the office 
the following week, she found out that Mr. Jones's 
certificate had expired the day before Ms. Burris obtained 
the space for him. The sign-up sheet was evidence which 
Ms. Hallinan presented to the Program Director. When she 
later inquired as to the progress of his investigation 
into the matter, she received three varying stories from 
him. Ms. Hallinan questioned why it took so long for this 
matter to be heard by the Program Committee when other 
cases had been dealt with. 

Commissioner Simon stated that the reason it had taken 
so long was that the Commissioners had been so busy with 
other issues that there had not been time to get to this 
one until now. 

Street artist Virginia Burris stated that when she had 
been caught selling in an illegal location, she had received 
a three-week suspension whereas Ms. Hallinan received only 
a warning. Ms. Burris disputed Ms. Hallinan 's testimony 
by saying that the incident had occurred not on a beautiful 
day but on a rainy day; she had told her that Mr. Jones 
and she did not have his certificate with them and that 
Mr. Jones was in the car; Mr. Jones had left the certificate 
on the table at home the night before, and they had not 
paid attention to its expiration date, although they had 
known its expiration would be soon; and if Ms. Hallinan 
had really thought they had Mr. Jones's certificate with 
them, she would have come to their stand at noon to check 
it, but she did not. 

Street artist Riccardo Amodei stated that Mr. Jones had 
known exactly what he was doing, that he had an expired 
certificate. Mr. Amodei went on to say that he himself 
had received a three-week suspension for selling in an 
illegal location. 

Street artist Leah Mazor stated that Mr. Jones had known 
his certificate's expiration date because Ms. Burris had 
told her that he was upset with the Program and was con- 
sidering not renewing the certificate. 

Street artist Maria Hillius stated that Ms. Burris, a mem- 
ber of the Lottery Committee, knew the rule about checking 
certificates, and that she, Ms. Hillius, knew when her 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 7 



husband's certificate expires. 

Street artist Therese Koller stated that both Ms. Burris 
and Mr. Jones were accustomed to showing their certificates. 

Street artist Hubert Emerson Ortis stated that most of 
the artists present had personality differences, that there 
wasn't an artist present who had not "gotten away with 
something through the years," and that the Commission should 
drop the issue with Ms. Burris. 

Commissioner Rogers stated his observations: (1) It was 
not difficult to check certificates according to the Commis- 
sion's rule, and it should be done; (2) every person who 
carries a license for their profession knows when it 
expires, and that was why the Commissioner was dubious 
of the excuse that the artists in question did not know 
of the certificate's expiration; and (3) he felt that Ms. 
Burris had doubled her chances of getting a good space. 

Commissioner Rogers moved that Ms. Burris be found to have 
infringed a lottery procedure, Lottery Rule VIII, and that 
be dismissed from the Lottery Committee and prohibited 
from running for election to the Committee for one year; 
the motion was seconded by Commissioner Simon and unanimous- 
ly approved. 

Commissioner Simon stated to Ms. Burris that while it was 
Ms. Burris's word against Ms. Hallinan's, Ms. Burris, as 
a member of the Lottery Committee, had been duty-bound 
to verify expiration dates of certificates. 

IV HEARING AND POSSIBLE MOTION TO SUSPEND CERTIFICATE FOR 
ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 

Ray Jones - Certificate § 4546. Alleged violation of ord- 
inance (Ord. 41-83, Section 2406): Obtaining a lotterized 
space and selling in said space with an expired certificate. 
Mr. Jones was not present. 

Street artist Kathy Hallinan stated that a controversy 
had existed with Mr. Jones and Virginia Burris as to whether 
he was going to renew his certificate, and yet the day 
after it expired, they entered his number into the lottery; 
when everyone found out he didn't have a valid certificate, 
he decided to renew it on the tenth (last) day of its 
renewal grace period. 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 8 



Street artist Therese Koller questioned why the Commission 
was taking action against Mr. Jones when it had not taken 
any action against those artists whom she had reported 
the previous year who had chosen spaces in the lottery 
with expired certificates. She also didn't see why she 
had to show up for a hearing (on her alleged violation) 
when none of these other artists had to). 

Commissioner Rogers moved it be found that Ray Jones viola- 
ted the street artist ordinance, Ordinance 41-83, Section 
2406, by obtaining a lotterized space and selling in the 
space with an expired certificate, and that a warning be 
issued to Mr. Jones against any future such violation; 
the motion was seconded by Commissioner Simon and unan- 
imously approved. 

V HEARING AND POSSIBLE MOTION TO DISMISS MEMBER FROM LOTTERY 
COMMITTEE AND PROHIBIT MEMBER FROM RUNNING FOR ELECTION 

TO COMMITTEE FOR ONE YEAR DUE TO INFRINGEMENT OF ORDINANCE 

Leah Mazor - Certificate # 4599. Possible motion to dismiss 

based on September 13, 1995 Program Committee finding of 

violation of street artist ordinance and upon Lottery Rule 

VII which states that any infringement of the street artist 

ordinance or the lottery rules by any Lottery Committee 

member "may result, after a hearing conducted by the Art 
Commission, in dismissal." 

Program Director Lazar reported that Ms. Mazor had finished 
her certificate's suspension and that, prior to this, 
several artists had informed him that Ms. Mazor had been 
diligent in conducting her lotteries. 

The Commissioners noted that Ms. Mazor 's violation had 
occurred over five months previously, or four months prior 
to her election to the Lottery Committee. 

Commissioner Simon tabled the issue. 

VI RE-HEARING AND POSSIBLE MOTION TO SUSPEND CERTIFICATE FOR 
ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 

Hubert Emerson Ortis - Certificate # 4647. Alleged viola- 
tion: Selling in a location not designated by the Board 
of Supervisors (June 24, 1995). (Re-hearing ordered by 
Program Director, by authority of Ord. 291-94, after find- 
ing that Mr. Ortis failed to appear at September 13, 1995 
hearing and, for good cause, subsequently requested another 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 9 



hearing. ) 

Testifying again, Officer Craig Tom stated that on June 
24th he saw Mr. Ortis sitting behind his folding table 
with his merchandise in his case displayed, and that Mr. 
Ortis was located where space "J-l" (Jefferson Street, 
south side, at Hyde) used to be. The officer said that 
both "J-l" and "J-2" were occupied by other artists whom 
he verified with the lottery sign-up sheet. 

Mr. Ortis stated that he was in space "J-lB" which had 
been assigned to Mario Hernandez who arrived to sell there. 
At Mr. Hernandez's insistence, Mr. Ortis moved his table 
to the side of the space when a lady customer approached 
and wanted to buy an item from Mr. Ortis. He was in the 
process of selling it to her when he heard Mr. Hernandez 
call to him; he looked up and saw Officer Tom. Mr. Ortis 
added that, rather than automatically move out of Mr. Her- 
nandez's space, he should have let Mr. Hernandez know that 
he needed twenty to twenty-five minutes to pack up. 

Officer Tom pinpointed on a map the location he allegedly 
found Mr. Ortis occupying. Mr. Ortis pinpointed on the 
same map a different location which, he said, he was occupy- 
ing and which was either "J-lB" or "J-2." Program Director 
Lazar clarified that "J-lB" was not in existence at the 
time of the incident; it was marked on the sidewalk after 
the Port Commission's resolution of June 27th. 

Street artist Mario Hernandez testified that Mr. Ortis 
had been selling in his (Hernandez's) space and that he 
had told him to move when he arrived, so Mr. Ortis moved 
his table and was attempting to leave when a woman customer 
came up to him. Mr. Hernandez, in response to a question 
by the Program Director, stated his space was "J-l." 

Officer Tom stated that he was not sure whether "J-l" was 
occupied by Mr. Hernandez; however, both "J-l" and "J-2" 
were occupied by artists and Mr. Ortiz had placed his table 
roughly between the two spaces. 

Mr. Ortis stated that there had been another artist, one 
who sells belts, nearby in an illegal location who managed 
to roll his display away as soon as the officer arrived. 

In response to questions from the Commissioners, Officer 
Tom stated that he found Mr. Ortis sitting down and he 
was working on his craft, and he stood up quickly 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 10 



when the officer walked up and tried to gather up his items. 

Mr. Ortis stated that he who at one time had been "one 
of the worst violators of the whole system" knew, like 
everyone else, that in the middle of summer on a Saturday 
the Police would be showing up, and for this reason there 
was "no way" that he would have put himself in an illegal 
location. 

The officer further stated that Mr. Ortis told him that 
he had had surgery and the sun was so intense that that 
was why he was sitting in the shade. Mr. Ortis, he said, 
was wearing a straw panama hat. 

Mr. Ortis asked if anyone present had seen him wearing 
such a hat. Street artist Jesse Rodriguez said that he 
had. 

Commissioner Rogers moved that Hubert Emerson Ortis be 
found in violation of the street artist ordinance for 
having sold in a location not designated by the Board of 
Supervisors, and that Mr. Ortis 's certificate be suspended 
for a period of three weeks; the motion was seconded by 
Commissioner Simon and unanimously approved. 

VII HEARING ON STREET ARTIST-PROPOSED AMENDMENTS TO LOTTERY 
RULES 

A. Eliminate election of Lottery Committee members and 
replace election with selection of members by lot 

(amending Lottery Rule V, " ELECTION OF LOTTERY COM- 
MITTEE " ) . 

Street artist Robert Clark stated that he has always 
been opposed to an elected Lottery Committee for the 
very reason that it engenders the problems 

that the Program Committee was dealing with now. When 
members are elected to the Lottery Committee, they start 
to think that they represent politically the point of 
view of certain artists, whereas the Lottery Committee's 
job is to run the lottery. In addition to having to 
deal with the problems created by Lottery Committee 
members, the Program has to spend time and money on 
Lottery Committee elections (composing and printing 
of ballots, verification of candidates, etc.). If a 
person wants to be on the Lottery Committee, the person 
shouldn't have to be popular; there are many people 






STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 11 



who are not popular and won't get elected but will not 
violate the rules and will run the lotteries correctly. 
In addition, the concept of choosing members by lot 
would be simpler: artists wishing to fill vacancies 
on the Committee would give their names to the Program 
Director, and the names would be drawn by lot to fill 
the required number of positions; those not chosen would 
be alternate members. If not enough people volunteer 
to fill the openings, the dates of the lotteries could 
be divided among the existing volunteers. 

Street artist John Shaw supported the proposal for the 
following reasons: (1) There has been much in-fighting 
among Lottery Committee members; (2) no pre-requisites 
for candidates have ever been established; (3) there 
was no reason why one person rather than another should 
be on the Committee; and (4) membership chosen by lot 
would be the farest procedure. 

Street artist Therese Roller stated that the proposal 
could not be considered until the Commissioners reformed 
the whole system, with one example being that the Commis- 
sion continues to license many people to sell the same 
item, whereas "the real artists" don't get space. If 
the Lottery Committee was allowed to be composed by 
lot, the same people "who shouldn't hold licenses" would 
get the spaces. 

Street artist Kathy Hallinan denied that there was in- 
fighting and competition among the Lottery Committee 
members and said there was "a lot of stress" and time 
involved in running the lotteries. She invited the 
Commissioners to come to a lottery. The Commissioners 
responded that they had already planned to attend the 
lottery on Thursday of the following week. 

Street artist Eunice Rodriguez recommended that the 
Lottery Committee be eliminated completely, without 
affecting the helpers rule, and the person who should 
supervise the running of the lottery on a given morning 
should be drawn by lot at 8:30 that morning. "That gives 
no person," she said, "any power over the lottery." 

Street artist Maria Hillius stated that the present 
system of people choosing members to represent them 
should continue, and that most people were "comfortable 
with the situation." 



STREET ARTISTS PROGRAM COMMITTEE - October 11, 1995 Page 12 



Street artist Virginia Burris asked to see an end to 
elected Lottery Committees because many people elect 
people to whom they owe favors. 

Commissioner Simon said Commissioner Rogers and she 
would visit the lottery and also look at other aspects 
of the Program. She asked that the item regarding 
selection of Lottery members by lot be put on next 
month's agenda with a possible motion to adopt. Commis- 
sioner Rogers said he would like to hear as much test- 
imony as possible on the topic. 

B. Adopt an amendment to provide that any street artist 
who fails to produce a valid certificate at the sign- 
in for spaces shall be prohibited from obtaining a 
space (amending Lottery Rule VIII, " LOTTERY PROCEDURE "). 

Street artist Robert Clark stated that it had been the 
Commission's intention to adopt such a rule when it 
adopted the rule requiring the Lottery to check for 
certificates at the sign-in, but one-time situations 
whereby an artist may not have his certificate with 
him have been allowed. Because there are artists who 
deliberately refuse to show their certificates, the 
proposed rule would disallow such persons from obtaining 
spaces . 

Street artist Therese Roller stated that this would 
not be necessary if the Art Commission published at 
the end of a quarter the names of those artists who 
did not renew. She criticized this and the previous 
item being calendared on the Program Committee agenda 
as, she said, they should have gone before the Liaison 
Committee. 

Commissioner Simon requested that this item, as well 
as the remainder of the agenda, be continued to next 
month's meeting. 

Street artist Jesse Rodriguez asked that an issue of 
abating performers' noise be placed on next month's 
agenda. Commissioner Simon said that it would. 

The meeting adjourned at 5:30 p.m. 

Respectfully submitted: 



Mm 



Howard Lazar 

Director 

Street Artists Program 



S F 



A C 



/ // 

SAN FRANCISCO ART COMMISSION 



PROGRAMS 11/2/ 



//A 



STREET ARTISTS PROGRAM COMMITTEE 

1995 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

OPS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

415.252.2581 



Note 



II 



III 




City and County of 
San Francisco 



Wednesday, November 8, 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



9Qf" ! n^MTS DEFT. 
NOV 6 1995 

SAN FRANCISCO 
PL--. 2 LIB 1Y 



AGE 

Public testimony is invited 
(3) minutes per person. No 
shall cross-examine another 



N D A 

and shall 
member of 
member of 



be limited to three 
the public or witness 
the public or witness 



unless approve-d -fay -ths Program Committee. 

HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 

Daniel Hung - Certificate § 4566. Alleged violation: 
Disorderly, improper or hazardous conduct (participating 
in a verbal and physical fight on July 5, 1995). 

HEARING AND POSSIBLE MOTION TO APPROVE REQUEST OF REVOKEE 
FOR ISSUANCE OF NEW CERTIFICATE 

Stephen White - Certificate # 4136 revoked by Art Commission 
on May 19, 1993. Mr. White's request (application) for 
new certificate was received on March 13, 1995. According 
to Commission policy adopted June 7, 1993: "...In its con- 
sideration of" a revokee ' s "request for a new certificate, 
the Program Committee shall calendar a hearing for the 
request, and the applicant shall be required to submit 
evidence in the form of witness testimony or documentation 
that the applicant is now able and willing to comply with 
the street artist ordinance. The Program Committee shall 
submit its recommendation of approval or disapproval of 
the request to the full Art Commission who, by resolution, 
shall approve or disapprove the recommendation. ..." 

HEARING AND POSSIBLE MOTION TO ADOPT STREET ARTIST- PROPOSED 
AMENDMENTS TO LOTTERY RULES (continued from 10/11/95) 

A. Eliminate election of Lottery Committee members and 
replace election with selection of members by lot 

(amending Lottery Rule V, " ELECTION OF LOTTERY COMMIT- 
TEE ") . 

B. Amendment providing for prohibition from obtaining a 
selling space any street artist who fails to produce 
a valid certificate at the sign-in for spaces (amend- 
ing Rule VIII, " LOTTERY PROCEDURE "). 



Continued, 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - 11/8/95 Agenda Page 2 



C. Eliminate provision for Art Commission dismissal of 
any Lottery Committee member who infringes the Lottery 
rules or street artist ordinance, and replace with pro- 
vision for Program Director to immediately dismiss any 
such member based upon complaint and to authorize Pro- 
gram Director to act as hearing officer on requests 
for reinstatement to the Committee (amending Rule VII, 
" INFRINGEMENTS OF GUIDELINES " ) . 

D. Amendment providing for suspension of certificate of 
any Lottery Committee member who is found to have vio- 
lated any of the procedures for conducting the lottery 
or the sign-in for spaces (amending Rule VII, " INFRINGE- 
MENTS OF GUIDELINES "). 

IV HEARING AND POSSIBLE MOTION TO ADOPT AMENDMENT TO LOTTERY 
RULE VIII, " LOTTERY PROCEDURE ," TO PROVIDE FOR TWO (2) 
LOTTERY COMMITTEE MEMBERS PER DAY FOR CONDUCTING THE LOT- 
TERIES, ONE MEMBER NDUCT THE WHARF LOTTERY AND ONE 
MEMBER TO CONDUCT THE DOWNTOWN LOTTERY, DURING THE PERIOD 
OF NOVEMBER 15 - JANUARY 15 (amendment recommended by vote 
of Lottery Committee at 9/7/95 meeting) 

V REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VI HEARING ON PROCEDURES FOR ABATING NOISE GENERATED BY PER- 
FORMERS 

VII PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

At this time members of the public may address the Commis- 
sion on items of interest to the public that are within 
the subject matter jurisdiction of the Commission except 
agenda items. 

VIII ADJOURNMENT 



A CCESSIHILITY INFORMA TION 

'Pursuant to City fwlicy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and Individual Committee Meetings of the Art Commission will 
l>c held at 25 Van Ness Avenue. San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70. basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those In wheelchairs, will he 
available. 

Accessible curhslde parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-slopping al Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Huses-scrving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more lnfonnation on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our acceulbillty hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. , 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Liz Lcrma in the Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 



S F 



A C 



SAN FRANCISCO ART COMMISSION 



/" 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

OPS Symphony Concerts 

Public Art 



Street Artists Licenses Note 
Suite 70 
415.252.2S81 



u 



.15 



V 



j^j c l5 



ii 



in 




City and County of 
San Francisco 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, November 29, 1995 DOCUMENTS DEPT. 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



NOV 171995 

SAN FRANCISCO 
PUBLIC LIBRARY 



G E N D 



: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 

Daniel Hung - Certificate § 4566. Alleged violation: 
Disorderly, improper or hazardous conduct (participating 
in a verbal and physical fight on July 5, 1995). 

HEARING AND POSSIBLE MOTION TO APPROVE REQUEST OF REVOKEE 
FOR ISSUANCE OF NEW CERTIFICATE 

Stephen White - Certificate # 4136 revoked by Art Commission 
on May 19, 1993. Mr. White's request (application) for 
new certificate was received on March 13, 1995. According 
to Commission policy adopted June 7, 1993: "...In its con- 
sideration of" a revokee ' s "request for a new certificate, 
the Program Committee shall calendar a hearing for the 
request, and the applicant shall be required to submit 
evidence in the form of witness testimony or documentation 
that the applicant is now able and willing to comply with 
the street artist ordinance. The Program Committee shall 
submit its recommendation of approval or disapproval of 
the request to the full Art Commission who, by resolution, 
shall approve or disapprove the recommendation. ..." 

HEARING AND POSSIBLE MOTION TO ADOPT STREET ARTIST- PROPOSED 
AMENDMENTS TO LOTTERY RULES (continued from 10/11/95) 

A. Eliminate election of Lottery Committee members and 
replace election with selection of members by lot 

(amending Lottery Rule V, " ELECTION OF LOTTERY COMMIT- 
TEE " ) . 

B. Amendment providing for prohibition from obtaining a 
selling space any street artist who fails to produce 
a valid certificate at the sign-in for spaces (amend- 
ing Rule VIII, " LOTTERY PROCEDURE "). 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - 11/29/95 Agenda Page 2 



C. Eliminate provision for Art Commission dismissal of 
any Lottery Committee member who infringes the Lottery 
rules or street artist ordinance, and replace with pro- 
vision for Program Director to immediately dismiss any 
such member based upon complaint and to authorize Pro- 
gram Director to act as hearing officer on requests 
for reinstatement to the Committee (amending Rule VII, 
" INFRINGEMENTS OF GUIDELINES " ) . 

D. Amendment providing for suspension of certificate of 
any Lottery Committee member who is found to have vio- 
lated any of the procedures for conducting the lottery 
or the sign-in for spaces (amending Rule VII, " INFRINGE- 
MENTS OF GUIDELINES " ) . 

IV HEARING AND POSSIBLE MOTION TO ADOPT AMENDMENT TO LOTTERY 
RULE VIII, " LOTTERY PROCEDURE ," TO PROVIDE FOR TWO (2) 
LOTTERY COMMITTEE MEMBERS PER DAY FOR CONDUCTING THE LOT- 
TERIES, ONE MEMBER TO CONDUCT THE WHARF LOTTERY AND ONE 
MEMBER TO CONDUCT THE DOWNTOWN LOTTERY, DURING THE PERIOD 
OF NOVEMBER 15 - JANUARY 15 (amendment recommended by vote 
of Lottery Committee at 9/7/95 meeting) 

V REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VI HEARING ON PROCEDURES FOR ABATING NOISE GENERATED BY PER- 
FORMERS 

VII PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

At this time members of the public may address the Commis- 
sion on items of interest to the public that are within 
the subject matter jurisdiction of the Commission except 
agenda items. 

VIII ADJOURNMENT 



A CCESSIHIUTY 1NFORMA TION 

'Pursuant to City fwlicy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City acetifies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and Individual Commlilcc Meetings of (lie An Commission will 
l>c held at 25 Van Ness Avenue. San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held In Suite 70. basement level, and can be accessed by the two main 
elevators In the lobby of the building. 

Accessible seating for persons with disabilities, Including those in wheelchairs, will he 
available. 

Accessible cuibslde parting has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains -stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the Intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our mcceiiiblllty hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate Uiese individuals. , 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Liz Lerma in the Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 



S F 



A C 



SAN FRANCISCO ART COMMISSION 



/ 



^ 



STREET ARTISTS PROGRAM COMMITTEE 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

>PS Symphony Concerts 

Public Art 



^- November 29, 1995^ ) 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 






Street Artists Licenses 

Suite 70 

415.252.2581 



I N U T E S 

Commissioners present: Emery Rogers, Terri Simon 
Commissioner absent: Emily Keeler 



DOCUMENTS DP"- 

■ • 

DEC 2 1995 

S^N FRANCISCO 
PUBLIC LI8«AR? 



10-15 



ihr 



Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

The meeting was chaired by Commissioner Simon who convened the 
meeting at 3:05 p.m. 

I HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 

Daniel Hung - Certificate # 4566. Alleged violation: Dis- 
orderly, improper or hazardous conduct (participating in 
a verbal and physical fight on June 11, 1995). 

Program Director Lazar reported that Mr. Hung's certificate 
expired prior to this hearing. The Commissioners proceeded 
with the hearing to determine whether Mr. Hung had committed 
the violation for which he was charged and, if so deter- 
mined, to make such finding a part of his record for future 
consideration should he request to be re-certified. 

Mr. Lazar explained that his office had received a written 
complaint about Mr. Hung on July 5, 1995, nearly a month 
after the alleged incident for which Mr. Hung was charged 
in the complaint. According to the complaint, Mr. Hung 
had "participated in a verbal and then physical fight that 
took place" approximately in the street artist spaces "B- 
30' s area on Beach Street," and "the Police were called 
out." 




City and County of 
San Francisco 



Upon commencing the investigation, Mr 
from the Police Department that no su 
recorded in any Police Incident Repor 
author of the complaint for details o 
also wrote to another witness whose n 
in the complaint. The author of the 
responded and even refused to discuss 
Program Director spoke to this person 
on Jefferson Street. The other witne 



. Lazar ascertained 
ch incident had been 
t. He wrote to the 
f the incident. He 
ame was mentioned 
complaint never 
the matter when the 
at their display 
ss responded on Sep- 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTE - November 29, 1995 Page 2 



tember 21st in a telephone conversation with the Program 
Director. Meanwhile, Mr. Hung responded in writing to 
the Program Director that he had indeed fought a street 
performer named "Chuck" (whom the Program Director later 
ascertained as Chuck Williams) over an alleged incident 
of Chuck's motioning some tourists to throw their garbage 
into the bushes behind him and that Chuck started the fight 
when he "slammed" Mr. Hung "against the hood of a street 
artist's car and proceeded to punch" him "from behind." 

As there was not sufficient enough time to allow Mr. Hung 
to prepare for a hearing in October, the Program Director 
notified Mr. Hung and the witnesses to appear at the Program 
Committee meeting of November 12th; this, however, was 
cancelled due to lack of quorum, and the hearing was re- 
scheduled for November 29th (with Mr. Hung and the wit- 
nesses re-notified) . 

It was ascertained by the Commissioners that Mr. Hung was 
not present. The Program Director stated that he did not 
see either of the two witnesses present. 

The Program Director reported also that, in the course 
of his investigation, he had been referred to a third wit- 
ness, a street artist who had allegedly broken up the fight; 
but the Director learned that this person had been in his 
car and had not seen who started the fight and did not 
wish to testify. 






The Program Director, through the Chair, asked if there 
was anyone present at the hearing who had witnessed the 
incident. 

Street Artist Robert Clark stated that he observed Mr. 
Hung and Mr. Williams fighting but he did not see who 
started it. He further stated that he himself had been 
attacked several times by Mr. Williams, that Mr. Williams 
- not Daniel Hung - was "the problem," that Mr. Williams 
has been on the street for years, often drunk, and has 
made anti-Asian and anti-street artist remarks and "is 
a dangerous person." 

Commissioner Simon stated that she saw no evidence. 
Program Director Lazar stated that, in a similar case, 
the Art Commission on August 1, 1988, dismissed a charge 
against David Samuel of alleged assault because it was 
found that there was insufficient evidence to support the 
charge as there was only one witness who testified to see- 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 3 



ing the fight, and the person who wrote the complaint did 
not come forward to testify. As in this previous case, 
the present hearing thus far had not yielded a preponderance 
of evidence to show that Mr. Hung had been the aggressor. 

Street Artist Edward Steneck stated that three years ago 
he was selling in space "B-27" or "28" and he observed 
Mr. Williams, who had been drinking, throw a bottle behind 
him; Mr. Steneck told him that he didn't think he should 
contribute to the refuse, that he and the street artists 
should keep their area clean. Two minutes later, he said, 
he, Mr. Steneck, "was forced to pick up a chair that I 
was sitting on ... hold it over my head, because I felt 
absolutely physically threatened by this man ... I told 
him if he moved toward me anymore, I'd have to defend my- 
self ... He really threatened me, and I was really afraid." 
Mr. Steneck said that Mr. Williams was a "troublemaker," 
and that many artists have had problems with him. 

In response to a question by Commissioner Simon, Program 
Director Lazar stated that Mr. Williams was not a licensed 
street artist but a performer whom he himself has observed 
playing his guitar and illegally selling music tapes. Last 
summer (August 10) he asked Mr. Williams to not sell the 
tapes because to do so was against the Planning Code and 
both the street artist and peddler ordinances, whereupon 
Mr. Williams went into a verbal tirade against him and, 
for the next hour, against the street artists, coming close 
to their displays and harrassing them. 

The Commissioners asked that the Program Director notify 
the Police to monitor Mr. Williams' aggressive behavior. 

Commissioner Rogers moved that the charge against Daniel 
Hung of disorderly, improper or hazardous conduct 
be dismissed due to a lack of preponderance of evidence; 
the motion was seconded by Commissioner Simon and unan- 
imously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE REQUEST OF REVOKEE 
FOR ISSUANCE OF CERTIFICATE 

Stephen White - Certificate # 4136 was revoked by Art 
Commission on May 19, 1993. Mr. White's application-request 
for a new certificate was received on March 13, 1995. 

The Program Director stated that, according to the Art 
Commission's policy, Mr. White was required to submit to 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 4 



the Program Committee evidence in the form of witness testi- 
mony or documentation that he was now able and willing 
to comply with the street artist ordinance. Should the 
Committee and the Commission approve his request, he would 
still have to receive verification by the Advisory Committee 
of Street Artists and Craftsmen Examiners that the work 
he intends to sell is of his own creation, in order to 
obtain a certificate. He had already submitted his wares, 
but the Advisory Committee had not seen enough evidence 
to warrant such verification and had asked that Mr. White 
be rescheduled for another examination. 

Mr. White told the Commissioners that he makes his hats 
and jewelry, that he brought his sewing machine with him, 
and that he teaches young adults how to make these items 
also. He is building a children's learning center and 
community art school. He further stated that "I will 
comply." He said he was "misjudged" by the Advisory Com- 
mittee. 

The Commissioners allowed the Program Director to ask Mr. 
White questions to which his responses were as follows: 

1) Do you intend to sell only your own work? RESPONSE: 
"Yes. This is my own work." 

2) Will the hats and beadcraft jewelry that you make with 
your own hands be what you alone will sell? RESPONSE: 
"Yes, I will." No one else will? RESPONSE: "No." 

3) Do you intend to use any animals to display your items 
on? RESPONSE: "No." 

4) In obtaining a selling space, would you be willing 
to abide by the rules of the lottery? RESPONSE: "Yes, 
I will." Participate in the lottery? RESPONSE: "Yes. 

5) Would you be willing to abide by all of the regulations 
of the street artist ordinance, not have a salesperson, 
and sell only what the Advisory Committee has approved 
you to sell? RESPONSE: "Yes. That is correct." 

In response to the Commissioners, the Program Director 
stated that his recommendation was to approve Mr. White's 
request subject to verification by the Advisory Committee 
that the items he wishes to sell are of his own creation. 

Commissioner Rogers moved that the request by Stephen White 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 5 



for issuance of a new certificate be approved subject to 
approval of his wares by the Advisory Committee of Street 
Artists and Craftsmen Examiners; the motion was seconded 
by Commissioner Simon and unanimously approved. 

Ill HEARING AND POSSIBLE MOTION TO ADOPT STREET ARTIST PROPOSED 
AMENDMENTS TO LOTTERY RULES (continued from 10/11/95) 

A. Eliminate election of Lottery Committee members and 

replace election with selection of members by lot ( amend- 
ing Lottery Rule V, " ELECTION OF LOTTERY COMMITTEE "). 

The Program Director commended Commissioner Rogers for 
attending both a Saturday and a Thursday lottery for 
street artist spaces, and commended Commissioner Simon 
for attending a Thursday lottery, both of whom had been 
requested to do so by street artists at previous 
meetings, in order to see first-hand how the lotteries 
operated. 

The Program Director went on to say that in two days 
there would be only two of nine members serving their 
terms on the Lottery Committee and able to run the lot- 
teries: one member had resigned, one had let their 
certificate expire, one had been dismissed by the Art 
Commission, and the terms of four were expiring on 
November 30th and the Lottery Committee had failed to 
bring out the ballots for an election last weekend. 
The Program Director was presently seeking volunteers 
to run the lotteries on a day-by-day basis. 

According to the proposal from Street Artists Robert 
and William Clark, all current lottery rules and 
procedures would remain intact, except that members 
of the Lottery Committee would not be voted on; candi- 
dates would call the Program and ask that their names 
be placed on slips of paper to be drawn by the staff 
in front of the artists in the same week as a lottery's 
election would be held (which would be every three months 
as it is now). Once the names were drawn to fill the 
necessary number of positions, all the other names would 
be drawn and kept on a list for filling of possible 
vacancies until the next election. 

Street Artist John Shaw stated that he had heard that 

current members of the Lottery Committee had refused 

to put their names on the ballot to run again, that 

this seemed like a protest, but that the proposal was 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 6 



worthy of implementing. 

Street Artist William Clark stated that it was a power 
struggle offered by some of the members, that they 
thought their lack of presence at the Program Committee 
meeting would influence the Commissioners. He proposed 
that the new procedure, if adopted, be implemented for 
a trial period of one year subject to review. 

Street Artist Linda Freed stated that she had talked 
to some of the Lottery Committee members, and it was 
apparent to her that they could not seem to separate 
their role as members of the Lottery Committee from 
their perceived political role. She also stated that 
they said that their intention was to cause chaos in 
the system. 

Street Artist Michael Granatt stated that, for the Lot- 
tery Committee, the artists elect people not out of 
popularity; they elect people whom they know can run 
an efficient lottery. He proposed that either volunteers 
be accepted to run the lottery on the very day they 
show up to sell or let the artists on a daily basis 
draw names by lot to run the day's lottery, rather than 
have a Committee chosen by lot every three months. 

Street Artist Eunice Rodriguez stated that what has 
caused the current problems with the Lottery Committee 
is that certain members refused to check licenses and 
thereby did not do their job. She said there was no 
difficulty in having to check licenses, as she has done 
this herself as a Lottery member or a helper. 

Street Artist Edward Steneck supported the Clark proposal 
as well as the idea of trying it for a year. 

Former-Street Artist John Bass stated that if the lottery 
system was falling apart because of the apathy, laziness, 
stubbornness of the Lottery Committee, it would be 
worthwhile to implement the proposal, but the Program 
should be aware that the result could be the same as 
before: some Lottery members selfishly resigning after 
Christmas, and some members showing up drunk to run 
their lotteries. 

Street Artist Robert Clark stated that if the Commis- 
sioners approve the proposal, it would be best to start 
it right away, rather than waiting until next February 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 7 



(which would be the next election time) in order to 
prevent any attempt of chaos . 

Commissioner Rogers moved that Lottery Rule V be amended 
to provide for elimination of election of Lottery Commit- 
tee members and for selection of members by lot as early 
as possible and for a trial period of one year; the 
motion was seconded by Commissioner Simon and unanimously 
approved. 

Commissioner Rogers encouraged Program Director Lazar 
to schedule a selection of members by lot as soon as 
possible in order to facilitate the Christmas season 
lotteries . 

B. Amendment providing for prohibition from obtaining a 
selling space any street artist who fails to produce 
a valid certificate at the sign-in for spaces (amend- 
ing Rule VIII, " LOTTERY PROCEDURE "). 

Street Artist William Clark stated that one of the 
reasons Robert Clark and he were proposing this was 
to have a discussion on this issue because it had been 
maintained by former Lottery Committee member Theresa 
Roller and other artists that it was "stupid" to allow 
persons into the lottery who did not have their licenses 
with them; the critics were now given the opportunity 
to express their point of view. It is true, he said, 
that there is a problem with some artists who refuse 
to show their licenses, thereby causing extra work for 
the staff to verify their validity. To remedy this 
problem, if artists were aware that they would not be 
permitted into the lottery without their license, any 
artist who has lost their license or has not yet received 
their renewed license by mail could inform the office 
which, in turn, could inform the next day's Lottery 
member to admit the person into the lottery. 

Commissioner Rogers questioned whether some artists 
felt insulted by having to show their licenses. Mr. 
Clark responded that some artists feel that to do so 
would be like living in a society of "Big Brother"; 
yet the law requires that the artists ' have their 
licenses when they sell. Commissioner Rogers stated 
that it did not seem to him that having to show the 
license was an onerous duty. 

Street Artist Eunice Rodriguez stated that the proposed 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 8 



amendment was a very good idea in keeping with the prin- 
ciple of having to present a ticket at the laundry to 
receive your washed items: an artist should be required 
to show their license in order to receive their space, 
especially since the Program issues each artist two 
licenses (one for the display and one for the artist 
to carry) . 

Street Artist Michael Granatt supported the amendment 
by stating that any organization or any permit-issuing 
branch of municipal government requires its permit to 
be shown; with the issuance of a permit are certain 
requirements that go with it - for example, it is illegal 
to drive a car without a license. 

Commissioner Rogers expressed reluctance in prohibiting 
a street artist who doesn't have their license with 
them at the lottery from being able to sell 

Street Artist John Shaw opposed the proposal as being 
draconian, that there were often situations in which 
artists, as himself, could not find their licenses to 
bring to the lottery, and that the present system of 
Lottery members calling in such names to the office 
for verification was working well. 

Street Artist Linda Freed opposed the amendment by stat- 
ing that she did not feel she should lose the opportunity 
of selling because she may have brought the wrong purse 
or the wrong jacket to the lottery. 

Street Artist Edward Steneck proposed that if an artist 
who fails to show their license at a weekend lottery 
receives a space, the artist should be prohibited from 
obtaining a space on the following weekend. 

Commissioner Rogers stated that while his Committee was 
considering enacting a rule that would correct a few 
artists who were protesting, such a measure could make 
all the other artists suffer. 

Street Artist William Clark stated that the main reason 
for the passage of the rule requiring the Lottery to 
check the validity of licenses was to reassure all art- 
ists competing for spaces that all the people with whom 
they were competing had paid-up valid licenses. 

Commissioner Rogers considered whether a binder at the 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 9 



lottery table which would list all valid licensees would 
suffice. 

Street Artist Robert Clark stated that, with the 
exception of three or four individuals who refuse to 
show their licenses, the artists have been cooperative. 
He suggested that the present procedure continue of 
Lottery members calling in the names of persons who 
fail to show their licenses, but that the Commission 
become aggressive in disciplining individuals who 
continue to not show their license, that the Program 
Director inform such individuals that if they refuse 
to show their license one more time they would not be 
permitted into the lottery. 

Commissioner Rogers moved that Lottery Rule VIII be 
amended to provide that if a street artist fails to 
show, in obtaining a selling space at the lottery, their 
valid certificate for two (2) times in the duration 
of a month, the Program shall institute a hearing pro- 
cedure to consider suspending the artist's certificate; 
the motion was seconded by Commissioner Simon and 
unanimously approved. 

Commissioner Rogers stated that, as a Commissioner, 
he wanted to see the artists show their licenses as 
they sign in for spaces, but that he did not want to 
restrict anyone from obtaining a space if they forgot 
their license. He did not see the difficulty in having 
to show a license; if somone refused to show it, the 
Commissioner would like the artist to come to a hearing 
and give their reasons for refusing to show it. 

Former Street Artist John Bass stated that it was not 
unreasonable to expect someone to show a document whose 
livelihood depends on that document. 

Eliminate provision for Art Commission dismissal of 
any Lottery Committee member who infringes the Lottery 
rules or street artist ordinance, and replace with pro- 
vision for Program Director to immediately dismiss any 
such member based upon complaint and to authorize Pro- 
gram Director to act as hearing officer on requests 
for reinstatement to the Committee (amending Rule VII, 
" INFRINGEMENTS OF GUIDELINES " ) . 

Program Director Lazar explained that presently a Lot- 
tery Committee member may be dismissed only after a 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 10 



hearing conducted by the Program Committee which would 
occur a month or longer after the member had committed 
the violation, the member continuing to serve and pos- 
sibly continuing to violate until dismissed. The pro- 
posal would allow the Program Director to immediately 
dismiss a member based on valid complaint and to act 
as a hearing officer in considering such member's re- 
quest to be placed back on the Committee. 

Street Artist William Clark, who submitted the proposal, 
stated that in the present system it takes one to two 
months for a violation committed by a Lottery member 
to be heard by the Program Committee. The proposal 
would solve such lottery problem as soon as possible, 
within a week or two after it occurs. Before the Program 
Director dismisses the member, however, he would have 
to investigate the complaint in order to verify whether 
there is evidence to warrant dismissal. In this manner, 
lottery mistakes, incompetence, or outright violations 
could be corrected quickly. 

Street Artists Michael Granatt and Eunice Rodriguez 
expressed their support for the proposal. 

Street Artist John Shaw opposed it, stating that if 
he were a Lottery member charged with having committed 
a violation he would want to come before the Program 
Committee rather than the Program Director. 

Street Artist Robert Clark stated that the proposal 
would be a fine-tuning of the system, so that a Lottery 
member who abuses the rules would not be allowed to 
continue doing so until a Program Committee hearing 
is held: he did not want to see any Lottery member stand 
in front of the group of artists and state their refusal 
to obey the rules and then get away with it. 

Director of Cultural Affairs Richard Newirth stated 
that he would like to see an appeal process built in 
so that some of the ability of people to claim bias 
would be taken off the Program Director, and that the 
appeal process could involve either the Program Commit- 
tee or the Director of Cultural Affairs. 

Street Artist Eunice Rodriguez supported the proposal 
and stated that Mr. Lazar has demonstrated fairness 
in his decision-making and that he would be fair in 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 11 



these matters as well. Furthermore, if a Lottery mem- 
ber doesn't deliberately break a rule, they do not have 
to worry about going through this procedure. 

Commissioner Simon favored trying out the proposal for 
six months or a year, as had been done with other 
measures . 

Commissioner Rogers moved that Lottery Rule VII be 
amended to provide for elimination of Art Commission 
dismissal of any Lottery Committee member who infringes 
the Lottery rules or the street artist ordinance, and 
to provide for Program Director to immediately dismiss 
any such member based on a valid complaint indicating 
just cause, and to authorize Program Director to act 
as hearing officer on requests for reinstatement to 
the Lottery Committee subject to appeal to Program Com- 
mittee and for a six-month trial period subject to 
further review; the motion was seconded by Commissioner 
Simon and unanimously approved. 

D. Amendment providing for suspension of certificate of 
any Lottery member who is found to have violated any 
of the procedures for conducting the lottery or the 
sign-in for spaces (amending Lottery Rule VII, " INFRINGE- 
MENTS OF GUIDELINES " ) . 

Street Artist Robert Clark stated that the reason he 
was proposing the amendment was because he felt that 
when a Lottery member deliberately violates the rules 
it is worse than many of the other violations in the 
Program because it weakens the Program, and the member's 
license should be suspended if not revoked. 

Street Artist John Shaw opposed the proposal because 
there was no problem and the Program was working well. 

Street Artist Linda Freed stated that the proposal, 
calendared on the Program Committee's agenda, was the 
reason why many artists were reluctant to serve on the 
Lottery Committee. 

Commissioner Simon stated that while Mr. Shaw felt that 
the lottery was running smoothly, her Committee has 
received many letters complaining about the lottery. 

Street Artist Edward Steneck stated that Lottery mem- 
bers who blatantly refuse to follow the rules as revealed 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 12 



in the recent hearing with ex-Member Theresa Koller 
should be dismissed by the Program Director; but to 
take away a member's license would be too harsh. 

Commissioner Simon tabled the item. 

IV HEARING AND POSSIBLE MOTION TO ADOPT AMENDMENT TO LOTTERY 
RULE VIII, " LOTTERY PROCEDURE ," TO PROVIDE FOR TWO (2) 
LOTTERY COMMITTEE MEMBERS PER DAY FOR CONDUCTING THE LOT- 
TERIES, ONE MEMBER TO CONDUCT THE WHARF LOTTERY AND ONE 
MEMBER TO CONDUCT THE DOWNTOWN LOTTERY, DURING THE PERIOD 
OF NOVEMBER 15 - JANUARY 15 ( amendment recommended by vote 
of Lottery Committee at 9/7/95 meeting) 

Commissioner Rogers moved that Lottery Rule VIII, " LOTTERY 
PROCEDURE , " be amended to provide for two (2) Lottery Com- 
mittee members, when able, per day for conducting the 
lotteries, one member to conduct the Wharf lottery and one 
member to conduct the Downtown lottery, during the period 
of November 15th to January 15th; the motion was seconded 
by Commissioner Simon and unanimously approved. 

V REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported on the following: (1) The 
three spaces on Stockton Street, west side, at O'Farrell, 
requested by the Art Commission on behalf of the street 
artists, were approved by the Board of Supervisors for six 
months, painted and numbered on the sidewalk, and were be- 
ing used by the artists; (2) the sixty-six holiday spaces 
in the Downtown area and Harvey Milk Plaza requested by 
the Commission on behalf of the artists were approved by 
the Board, and Harvey Milk Plaza spaces also received ap- 
proval by Municipal Railway; (3) four of the spaces on 
Jefferson Street, painted last summer in white paint by 
the Program Director under supervision of Port Commission 
personnel and in accordance with the Port's resolution, 
were obliterated by black paint by someone who also scrawled 
in their numbers on the adjacent curb in new locations. 
As soon as the Downtown spaces are painted, the Director 
will go back to Jefferson Street and re-paint the four spaces 
in their Port-approved locations. (The spaces are "1," "1- 
A," "1-B," and "2.") 

The Program Director thanked Street Artist Eunice Rodriguez 
for carrying out the wishes of her husband Jesse Rodriguez, 
who had recently passed away, in volunteering to help the 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 13 



Program Director paint the permanent and holiday spaces 
in the Downtown area and at Harvey Milk Plaza. 

Street Artist Eunice Rodriguez expressed her thanks to 
Robert and William Clark for proposing and doing the ground- 
work for the recently obtained three spaces on Stockton 
Street. 

VI HEARING ON PROCEDURES FOR ABATING NOISE GENERATED BY 
PERFORMERS 

The issue was brought to the Committee by Street Artist 
Jesse Rodriguez. 

Program Director Lazar discussed his advice to the Port 
Commission and the Police Department, requested by both 
agencies, on establishing a performers licensing program 
to regulate the locations, crowd gathering, and noise levels 
of performers. The Director had furnished a budget to each 
agency on running such a program. To be sure, the Program 
Director in the past had received complaints from store 
merchants regarding the noise levels and congestion 
engendered by performers, and such complaints were referred 
to the Police. 

Former Street Artist John Bass stated that Article 29 of 
the Municipal Code outlines specific steps the Police can 
take regarding noise prevention, but the problem has been 
getting the Police to come out and take care of such 
situations. The Police have told people to call Noise Abate- 
ment, and this is useless, too, because the agency's 
personnel work only between the hours of 8 a.m. to 5 p.m. 
and when they do come out, they only issue a citation. The 
only thing that seems to work is to keep pressure on the 
Police, calling the Police frequently until they 
come out and correct the problem. Also it is helpful to 
know the beat officer and to alert the officer of potential 
offenders. Mr. Bass recommended that street artists carry 
a copy of Article 29 to show an officer; also, artists could 
purchase a $35 decible meter from Radio Shack to assist 
the Police. Mr. Bass contradicted the statements made by 
some officers that they were reluctant to enforce the law 
against performers because the ACLU had various lawsuits 
against the Police; Mr. Bass checked with the ACLU and was 
told there were no such lawsuits. 

Street Artist William Clark stated that there were provisions 
of the law which prohibit the playing of music in residential 



STREET ARTISTS PROGRAM COMMITTEE - November 29, 1995 Page 14 



areas where such music would interfere with the merchants 
in the area; he asked whether the Program Director could 
check with the City Attorney to see if street artists, would, 
by the law's definition, be considered "merchants." If 
that is the case, the Police would have to respond as a 
priority to any complaint against music or noise levels 
called in by a street artist "merchant." 

Street Artist Eunice Rodriguez stated there was a steel 
drum player on Geary and Stockton Streets who amplifies 
his music electronically at an excessive level. 

Street Artist Robert Clark stated that persons using amplif- 
ication are required to obtain a permit from the Police 
Department, and that the Police have not demonstrated an 
enforcement of that law. He agreed with Mr. Bass that street 
artists should call the Police frequently in these matters 
until the Police make it a priority. 

Mr. Bass asked the Commissioners to consider developing 
a publication designed for street artists, informing them 
of their legal rights in different types of problems includ- 
ing noise and sidewalk congestion because of performers. 
Mr. Bass expressed dismay over hearing about the alleged 
years of harrassment of the artists by the performer Chuck 
Williams (earlier in the meeting) and that no one ever called 
the Police to alleviate the problem. Street artists, he 
said, were going to have to change their attitudes to defend 
themselves in legal ways . 

Commissioner Simon asked the Program Director to look into 
the possibility of making such a publication. 

The meeting adjourned at 5:04 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



SAN FRANCISCO ART COMMISSION 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

IPS Symphony Concerts 

Public Art 



OF dT - 



DOCUMENT 



Street Artists Licenses 

Suite 70 

415.252.2581 



If 

10.15 
2 



0^ \,vu~w 



4- 



NOTICE 



V 



There will be no meeting of the Art Commission ' s^treet 
■fists Program Committee scheduled for the month of January, 
L9 9 6 

The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, February 14, 1996, 3:00 p.m., Art 
Commission Conference Room, Suite 70, 25 Van Ness Avenue, San 
Francisco. 



Street Artists Program 
January 8, 199 6 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



S F 



A C 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

iPS Symphony Concerts 

Public Art 



SAN FRANCISCO^ART COMMISSION 



4 STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, ^Eebriiar^_JLA, 1996 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT. 
JAN 3 J996 

SAN FRANCISCO 
PUBLIC LIBRARY 



€* 



N 



Street Artists Licenses 

Suite 70 

415.252.2581 



JO. 
1/ 



is 



If 



M 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
TO APPROVE ORDINANCE PROVIDING FOR APPLICANTS FOR STREET 
ARTIST CERTIFICATE TO PAY NON-REFUNDABLE APPLICATION /EXAM- 
INATION FEE AND FOR ALL APPLICANTS APPROVED FOR CERTIFICA- 
TION TO PAY A SECOND FEE TO COVER COSTS OF ISSUANCE OF 
CERTIFICATE AND OTHER EXPENSES IN ADMINISTERING AND 
ENFORCING STREET ARTIST ORDINANCE 



II HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY APPLICANT 
FOR WAIVER OF 15 -DAY POLICY IN OBTAINING CERTIFICATE 

A. Louis Balestier - approved by Advisory Committee of 

Street Artists and Craftsmen Examiners on 12/14/95 for 
certification; request received by Program on 1/8/96. 

III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM; REPORT ON SPECIAL LAW ENFORCEMENT SERVICES DURING 
HOLIDAY SEASON, 1995 IN THE DOWNTOWN-UNION SQUARE AREA 

IV HEARING AND POSSIBLE MOTION TO APPROVE 1996-97 BUDGET FOR 
STREET ARTISTS PROGRAM (copy of budget available upon 
request) 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 



VI ADJOURNMENT 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

*Pursuant to City jwlicy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and Individual Committee Meetings of the Art Commission will 
l>c held at 25 Van Ness Avenue. San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70. basement level, ami can be accessed by the two main 
elevators In the lobby of the building. 

Accessible seating for persons with disabilities, Including those in wheelchairs, will be 
available. 

Accessible curtwlde parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location arc: 

J, K, L, M, and N Tralas-stopping at Van Ness and Market, 

one-half 'block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our ■cceulblltty hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. ♦ 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Liz Lerma in the Community Arts and Education Program at 
(415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 or the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in 
full view of the public. 

Commissions, boards, councils and other agencies of the City and 
County exist to conduct the people's business. This ordinance assures 
that deliberations are conducted before the people and that City operations 
are open to the. people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE 
SUNSHINE ORDINANCE OR TO REPORT A VIOLATION OF THE 
ORDINANCE, CONTACT THE SUNSHINE ORDINANCE TASK FORCE AT 
554-6075. 









SAN FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

3PS Symphony Concerts 

Publ,cArt Commissioners present: 



February 14, 1996 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



DOCUMENTS DEPT 
FEB 2 9 1996 

SAN FRANCISCO 
PUBLIC LIBRARY 



M 



N U 



Emery Rogers, Terri Simon 
Emily Keeler 



Street Artists Licenses Commissioner absent: 
Suite 70 
415.252.2581 

Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 



70*)5 
I 



The meeting was chaired by Commissioner Simon who convened the 
meeting at 3:00 p.m. 

I HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
TO APPROVE ORDINANCE PROVIDING FOR APPLICANTS FOR STREET 
ARTIST CERTIFICATE TO PAY NON-REFUNDABLE APPLICATION/EXAM- 
INATION FEE AND FOR ALL APPLICANTS APPROVED FOR CERTIFICA- 
TION TO PAY A SECOND FEE TO COVER COSTS OF ISSUANCE OF 
CERTIFICATE AND OTHER EXPENSES IN ADMINISTERING AND ENFORC- 
ING STREET ARTIST ORDINANCE 




City and County of 
San Francisco 



Program Director Lazar referred the Commissioners to the 
Program Committee minutes of May 12, 1993 which records 
that Deputy City Attorney Burk Delventhal informed the 
Committee that it would be possible for the Street Artists 
Program to charge a non-refundable examination fee to cover 
the costs of examining an applicant's art and that afterward 
the applicant could pay a fee to cover the rest of the 
administrative costs of the Program. The Committee had 
then voted to have the Program Director consult with the 
City Attorney's office to draft such a fee structure. 

Mr. Lazar proposed that the Commission not request a measure 
establishing an application fee and a secondary fee to 
equal the license fee, and that, instead, the Commission 
request a measure establishing an application fee in 
addition to the full license fee. An applicant would pay 
a one-time non-refundable application fee to cover the 
costs of staff's scheduling the applicant for screening, 
mailing of notification, and the Advisory Committee's com- 
pensation for screening. If the applicant appeared for 
screening and his/her wares were approved, the applicant 
would then pay the full amount of the license fee (as ap- 
plicants do now). 

The fact that the Program had caught up with its wait- 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - February 14, 1996 Page 2 



ing list and did not have enough applicants for 
January to warrant the costs of screening them the past 
month could be indicative that there might be several 
months in the upcoming year during which no screenings 
could be held, and this could result in a slight decrease 
of fee revenue. If so, this could be offset by revenue 
from non-refundable application fees. 

Another argument could be made that revenue from the ap- 
plication fees could cover the cost of the Advisory Com- 
mittee's compensation. Each Advisory Committee member earns 
$80 per meeting the member attends; a typical meeting/ 
screening involving the Committee's five members costs 
the Program $400 per meeting/screening. Mr. Lazar stated 
that this amount could be covered- by only 16 applicants 
each paying $25: even if all 16 failed to show up at their 
screening, the Committee's compensation would be covered 
by the non-refundable application fees. (In recent years, 
the Program has notified 40 applicants each month for 
screening, and statistically only about a fourth - 10 to 
fifteen show up. ) 

Still another argument could be made that an anticipated 
$400+ a month in application fees, amounting to $4,800+, 
would cover the Program's currently budgeted $4,70 cost 
for postage, telephone, printing, and film processing - 
most of which goes to the screening procedure of bringing 
applicants into the Program. 

Director of Cultural Affairs Newirth noted that a proposed 
application fee could serve still another purpose: people 
who are serious about paying the fee would be inclined to 
show up at their screening and follow through on the 
licensing process; in addition, the Program would be able 
to achieve a more accurate "reading" on the number of 
applicants projected to show up at a given screening. 

Mr. Lazar stated that he felt that the type of person who 
would be willing to pay an application fee would probably 
feel a commitment to stay in the Program and pay license 
fees for more than one quarter; in this way, a proposed 
application fee would, in the long run, help to engender 
a more consistent license fee revenue from each artist. 

Mr. Newirth stated that this, too, would counteract some 
of the criticism the Program had received from some street 
artists that new applicants tend to come into the Program 
only to benefit from key selling seasons, add themselves 



STREET ARTISTS PROGRAM COMMITTEE - February 14, 1996 Page 3 



to the numbers of artists competing in the lotteries for 
spaces, and then leave the Program after the season. 

The Program Director clarified that the proposed application 
fee would not apply to licensed artists making application 
to screen new items. However, he proposed that any former 
certificate-holder who relinquishes his/her license and 
is re-admitted into the Program on a priority basis more 
than two times within a year pay the application fee. 

Street Artist Michael Granatt stated that former certif- 
icate-holders should pay the proposed $25 application fee 
every time they are re-admitted into the Program on a pri- 
ority basis with waiver of re-screening because the Art 
Commission is giving them special treatment and their re- 
entry involves adminsitrative time. Also, many such persons 
take advantage of the Commission's leniency by dropping 
out after prime selling seasons, whereas the other artists 
pay their license fees through all seasons. 

Street Artist John Bass endorsed the proposal and stated 
that the Police Department requires a non-refundable 
application fee of $100 from any vendor seeking a peddler's 
license for a specific space - even if the space is rejected 
by the Police. Mr. Bass said a non-refundable application 
fee for the Street Artists Program would help to encourage 
stability of membership. 

Street Artist Bill Clark endorsed the proposal for a $25 
application fee for new applicants and also for former 
certificate-holders seeking priority above the waiting 
list, regardless of whether the Commission waives their 
re-screening. 

Street Artist Larry Rosenbloom endorsed the proposal and 
stated that the Street Artists Program "is such a bargain" 
and that anyone who drops out and wishes to re-enter should 
pay a $25 application fee. 

Commissioner Simon expressed favor for the proposal as 
applied to any time a former certificate-holder requests 
priority for re-entry into the Program, as this would 
simplify the administrative procedure and cost. 

Street Artist Bob Clark endorsed the proposal and stated 
that there was the possibility that, after a period of 
time, the application fee revenue could result in a lowering 
of the license fee which in itself would encourage stability 



STREET ARTISTS PROGRAM COMMITTEE - February 14, 1996 Page 4 



of membership in the Program. Mr. Clark expressed doubt 
as to whether both an application fee and a full license 
fee could be levied on a new applicant, but this could 
be answered by the City Attorney. Mr. Clark also stated 
that he wished to see the license fee kept as low as pos- 
sible which would encourage more participation in the Pro- 
gram. 

Commissioner Rogers moved that the City Attorney be 
requested to draft legislation providing for a $25 non- 
refundable application/examination fee for artists 
applying for street artist certification and for former 
certificate-holders requesting priority issuance of 
certification; the motion was seconded by Commissioner 
Simon and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY APPLICANT 
FOR WAIVER OF 15-DAY POLICY IN OBTAINING CERTIFICATE 

Louis Balestier - wares approved by Advisory Committee 
of Street Artists and Craftsmen Examiners on December 14, 
1995, for certification; request for waiver of policy 
received by program on January 8, 1996. 

The Program Director referred to Mr. Balestier 's letter 
which stated he had not been able to obtain the certificate 
during the allotted time period because of a shortage of 
funds and that he would be able to pay for the certificate 
in thirty days. 

Commissioner Rogers moved that the request by applicant 
Louis Balestier for waiver of the Commission's fifteen- 
day policy in obtaining a street artist certificate be 
approved; the motion was seconded by Commissioner Simon 
and unanimously approved. 

III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM; REPORT ON SPECIAL LAW ENFORCEMENT SERVICES DURING 
WINTER HOLIDAY SEASON, 1995 IN THE DOWNTOWN -UN I ON SQUARE 
AREA 

Program Director Lazar thanked former street artist John 
Bass for his voluntary assistance in re-measuring and re- 
painting the street artist locations which had been 
. obliterated from the Jefferson Street sidewalk. In addition 
to re-painting spaces "1," "1-A," "1-B," and "2" whose 
white numbers and brackets had been illegally painted out 
with black spraypaint, the Program Director and Mr. Bass 



STREET ARTISTS PROGRAM COMMITTEE - February 14, 1996 Page 5 



found that spaces "3" and "4" had also been painted out 
and that all these spaces had been crudely painted in 
white and positioned into the pedestrian passageway, vio- 
lating the 10-foot passageway regulation. Also, an ad- 
ditional - entirely new - space had been crudely marked. 
The Program Director and Mr. Bass black-painted out all 
of these and re-painted in white the correct locations 
and numbers of "1" through "4." 

Street Artist Larry Rosenbloom asked for a flexibility 
in the rules governing spaces "1" through "4" as these 
were not adjacent to stores but to the vacant Federal 
Wharfside building. Street Artist Bill Clark stated that 
the rules had to be adhered to for these and all the spaces 
on Jefferson Street, as the Port Commission in the near 
future would be meeting to discuss the continuation of 
street artists selling on Port property. 

The Program Director referred to his January 29, 1996 report 
on "Special Law Enforcement Service (S.F.P.D.) in the Down- 
town-Union Square Area, Winter Holiday Season 1995, Hired 
by Street Artists Program" and reiterated four major 
points: (1) In cracking down on unlicensed vendors, the 
Police cited nearly double the number of violations of 
the previous year (90 as compared with 46) which may be 
explained by the fact that the officers made fewer confis- 
cations of merchandise and this would have allowed them 
more time on the street and mobility to stop more viola- 
tions; (2) the issuance of $250 and $400 tickets - or the 
the threat of such issuance - appears to have deterred 
74% of the unlicensed vendors (the ones who each commit- 
ted no more than one violation) but did not deter five 
primary vendors each of whom committed three to six viola- 
tions and received citations totalling $400 to $1,600; 
(3) for such cases next season, the Program Director will 
recommend that the Police continue issuing increased bail 
citations and confiscate the merchandise every time the 
violator is cited; and (4) because this S.L.E.S. for the 
city is provided by the street artists, the Program Direc- 
tor would like to pursue legal channels to see if the 
Street Artists Program could be reimbursed out. of the fines 
collected by the City from such assignments. 

Street Artist Bob Clark lauded the performance of the 
officers but expressed dismay over the fact that the five 
primary violators were not arrested after the second or 
third offense; Mr. Clark asked that the Police concentrate 
on these individuals whose defense in a misdemeanor pro- 



STREET ARTISTS PROGRAM COMMITTEE - February 14, 1996 Page 6 



ceeding, he said, would not hold up in view of the number 
of citations they receive. 

Street Artist Larry Rosenbloom stated that a letter should 
be sent from the Art Commission to the merchants stating 
the number of citations given to unlicensed vendors versus 
the number given to street artists, so that the merchants 
understand that it is the artists who are paying for 
enforcement of people outside of their. Program and not of 
the artists themselves. 

The Commissioners expressed support of the Program 
Director's pursuit of reimbursement for the S.L.E.S. costs 
out of the collected fines. 

Street Artist Bill Clark said it should be pointed out 
to the City that even if the Street Artists Program were 
to receive such reimbursals, the City would still make 
money off the fines resulting from enforcement paid for 
by the artists. 

IV HEARING AND POSSIBLE MOTION TO APPROVE 1996-97 BUDGET FOR 
STREET ARTISTS PROGRAM 

The Commissioners reviewed the budget submitted by the 
Program Director. 

Street Artist Bill Clark stated that because Franceschi's 
Restaurant has terminated its voluntary storage of lottery 
supplies for the street artists, he and other artists were 
investigating the possibility of renting space for the 
supplies in the Wharf area which could cost the Program 
$50 a month. Mr. Clark asked that the Commission send 
a thank you letter to Franceschi ' s for having stored the 
supplies voluntarily for many years. The Commissioners 
supported this request. 

Street Artist Larry Rosenbloom asked that the Committee 
postpone its consideration of the budget to allow the 
artists to present a proposal to have Jefferson Street 
closed to vehicular traffic on weekends during summer and 
possibly using some of the Street Artists Program money 
to advertise a "weekend crafts fair," and this might also 
trim the costs of the Program-hired Police enforcement 
on Jefferson Street. 

Director of Cultural Affairs Newirth said it was not ad- 
viseable to postpone the Committee's consideration of the 



STREET ARTISTS PROGRAM COMMITTEE - February 14, 1996 Page 7 



Program budget, as the budget for the entire agency 

was required to be submitted to the Mayor on the 22nd of 

the month. 

Mr. Rosenbloom asked the Program Director what the amount 
was of the accumulated surplus of funds (Program savings 
from previous years) in the Street Artists Program fund. 
Mr. Lazar stated that he had calculated the amount but 
did not want to state it at this time without its verifica- 
tion by the Controller. In addition, he had written to 
the Controller for a statement on the interest the surplus 
had accrued. Mr. Newirth stated that Mr. Lazar and he 
were working with the Controller's personnel to reconcile 
these figures. 

Street Artists Bill and Bob Clark asked that the Charter 
be consulted as to provisions for an agency charged with 
control over a special fund to request permission to invest 
amounts from the fund. 

Commissioner Rogers moved that the 1996-97 budget for the 
Street Artists Program, as submitted, be approved; the 
motion was seconded by Commissioner Simon and unanimously 
approved. 

PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

Street Artist Mike Granatt requested that staff pursue 
its investigation into obtaining selling spaces at Yerba 
Buena; street artists should not be excluded from selling 
near the Center for the Arts. 

Street Artist Bob Clark stated the proposal Larry Rosenbloom 
had mentioned (in Item IV above) was the first he, Mr. 
Clark, had heard regarding closure of Jefferson Street, 
and he asked that the Art Commission, if not already doing 
so, be involved in such negotiations. He also stated that 
funds of the Street Artists Program could not be used for 
any advertising but only for the management and enforcement 
of the Program; therefore any advertising for a "weekend 
craft fair" would have to paid for by the participants 
themselves . 

Street Artist Larry Rosenbloom questioned whether the costs 
of advertising could not be borne by the Street Artists 
Program. 



STREET ARTISTS PROGRAM COMMITTEE - February 14, 1996 Page 8 



Street Artist Bill Clark stated that since it has been 
proven that Beach Street was successfully closed to 
vehicular traffic for 4th of July celebrations, he proposed 
that consideration be given to closing Beach Street for 
a day next year to celebrate the Street Artists Program's 
25th anniversary. Street Artist Margaret Granatt supported 
this proposal and cited Berkeley's success in closing Tele- 
graph Avenue on Sundays and allowing its street artists 
to sell there. Mr. Clark stated that the closure of Beach 
Street between Hyde and Larkin for the benefit of the stores 
and the artists would allow about 200 artists to sell. 

Director of Cultural Affairs Newirth supported the idea 
of a celebration marking the Program's twenty-five years. 

The Commissioners stated that they would welcome further 
discussion at subsequent meetings on the proposals for 
anniversary and weekend street closures. 

The meeting adjourned at 4:38 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



SlF 



SAN FRANCISCO ART COMMISSION 



AC 



y STREET ARTISTS 



PROGRAM COMMITTEE 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

OPS Symphony Concerts 

Public Art Program 



Street Artists Licenses 

Suite 70 

415.252.2581 



Art Commission Gallery 
155 Grove Street 
415.554.9682 

f 

1D.1S 




Wednesday , cMarch 13 f 199fi^ 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



% 



N 



DOCUMENTS DEPT. 
MAR 12 1996 

SAN FRANCISCO 
PUBLIC LIBRARY 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Barry Prager - Certificate § 2703. Alleged violation: Con- 
ducting business in a disorderly, improper or hazardous 
manner (November 4, 1995 allegedly (1) assaulting street 
artist Silina Kreisel, (2) verbally abusing Mrs. Kreisel 
in front of her customers, and (3) allowing customers to 



obstruct Mrs. 
allegedly (4) 
Christian) . 



Kreisel 's business; and November 12, 1995 
threatening street artist Janet 



City and County of 

San Francisco J J 



B. Nellie Seiden - Certificate § 2949. Alleged violation: 
Selling in a location not designated by Board of Supervisors 
(December 24, 1995 allegedly selling at 121 Stockton Street; 
citation issued by Police). 

C. Mirtha Mackthon Juscamayta - Certificate § 4495. Alleged 
violations: (1) Selling items (manufactured scarves, knit 
gloves, knit caps, and ties) not certified by Art 
Commission; and (2) selling in a location not designated 
by Board of Supervisors (December 15, 1995 allegedly at 
388 Market Street; citation issued by Police). 

D. Farid Samara - Certificate # 4778. Alleged violation: Sell- 
ing in a location not designated by Board of Supervisors 
(December 23, 1995 allegedly at 51 Stockton Street; citation 
issued by Police). 

E. Michel Verton - Certificate # 2509. Alleged violations: 
(1) Selling items ("wurli toys") not certified by Art Com- 
mission; and (2) selling in a location not designated by 
the Board of Supervisors (December 10, 1995 allegedly at 
Stockton Street, southwest corner, at O'Farrell Street). 

REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - 3/13/96 Agenda Page 2 



PROGRAM 

III PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

IV ADJOURNMENT 



ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with 
disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 25 
Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are held in 
Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and Franklin 
Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses— serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In order 
to assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accommodate these' 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252-2596 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations 
are open to the people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK 
FORCE AT 554-6075. 



^AN FRANCISCO^ART COMMISSION 



DOCUMENTS DEpt 



4 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

POPS Symphony Concerts 

Public Art 



STREET ARTISTS PROGRAM COMMITTEE APR 1 1 $% 

^ ^ r .JUrchli: 1996 ..., rZTcZf™ 

Art Commission Conference Room nwy 

25 Van Ness Avenue, Suite 70 
San Francisco, California 



^MINUTES 



Street Artists Licenses 

Suite 70 

41S. 252. 2581 



if 

\ 70- 15 

*\ 




City and County of 
San Francisco 



Commissioners present: Emery Rogers, Terri Simon 

Commissioner absent: Stanlee Gatti 

Staff present: Director of Street Artists Program Howard Lazar 

The meeting was chaired by Commissioner Simon who convened the 
meeting at 3:08 p.m. 

Commissioner Rogers stated that he had observed the street 
artists' lottery for spaces on the previous weekend and was 
impressed with the efficiency of the new lottery committee which 
had been chosen by lot. The Commissioner complimented the lottery 
members for a well-run lottery. 

I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Barry Prager - Certificate # 2703. Alleged violation: Con- 
ducting business in a disorderly, improper or hazardous 
manner (November 4, 1995 allegedly (1) assaulting street 
artist Silina Kreisel, (2) verbally abusing Mrs. Kreisel 
in front of her customers, and (3) allowing customers to 
obstruct Mrs. Kreisel 's business; and November 12, 1995 
allegedly (4) threatening street artist Janet Christian). 

(For detailed summary of testimony/evidence/findings of 

this hearing, please see attached APPENDIX to these minutes.) 

After receiving testimony from Street Artists Silina 
Kreisel, Janet Christian, Robert Kreisel, Barry Prager, 
Eunice Rodriguez, and Virginia Burris, the Program Commit- 
tee made the following motion: 

Commissioner Rogers moved that Barry Prager be found in 
violation for having conducted business in an improper 
manner which involved physical contact and verbal abuse, 
that Mr. Prager ' s certificate be suspended for a period 
of three weeks, and that Mr. Prager be warned that any 
future charge against him of improper conduct of business 
may result in a hearing to consider revoking his 
certificate; the motion was seconded by Commissioner Simon 
and unanimously approved. 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - March 13, 1996 Page 2 



B. Nellie Seiden - Certificate # 2949. Alleged violation: Sell- 
ing in a location not designated by Board of Supervisors 
(December 24, 1995 allegedly selling at 121 Stockton Street; 
citation issued by Police). 



The Committee noted that prior to the incident, the Program 
Director had photographed Nellie Seiden on February 25, 
1994, selling in a location not designated by the Board 
of Supervisors and had sent her a written warning. 

Officer Craig Tom testified to the citation he had issued 
Mrs. Seiden on December 24, 1995 and stated that he found 
her display open for business and that she was sitting 
by it, working on a jewelry item. She and the display were 
curbside, opposite the entrance to Macy ' s - not a legal 
space. The nearest street artist was ten to twelve feet 
away. Macy's had just closed its doors, and traffic was 
very heavy. She told the officer that she was waiting for 
one of the street artist locations to become vacant, but 
the officer observed that none of the other artists was 
attempting to close up shop. If Mrs. Seiden' s display were 
covered, he said, he would have allowed her to stay. 

Street Artist Nellie Seiden stated that she knew the artist 
who was selling toy lamas was about to leave because years 
of selling on the street have enabled her to be aware of 
what is happening. She said she did not remember working 
on any item while waiting. She had started to sell on Grant 
Street, then had moved to Geary. It was a terrible day. 
She was attempting to move to the lama artist's space to 
sell there until her husband arrived. 

Street Artist Kathy Hallinan stated that the incident 
occurred on Christmas eve which is "the scariest day" 
for her because the stores close early and an artist is 
selling by herself. Ms. Hallinan said she was there that 
day, and that Ms. Seiden has never sold illegally ever since 
the time she received her warning. 

Street Artist Larry Rosenbloom stated the only place for 
an artist to wait where there are other artists on Christmas 
eve is by Macy's, but that Mrs. Seiden should have covered 
her display while waiting. 



STREET ARTISTS PROGRAM COMMITTEE - March 13, 1996 Page 3 



Mr. Reed Seiden, Nellie's husband, stated that he was late 
in picking his wife up, that he had misunderstood her to 
mean that he should arrive at 6:15 whereas she was expecting 
him at 5:30. 

In response to questions from the Committee, Officer Tom 
stated that he characterized Mrs. Seiden as being set up 
to catch a sale, and that it is a serious offense to be 
selling in an illegal location. 

Commissioner Rogers moved that Nellie Seiden be found in 
violation for having sold in a location not designated by 
the Board of Supervisors, and that Mrs. Seiden' s certificate 
be suspended for a period of one week; the motion was sec- 
onded by Commissioner Simon and unanimously approved. 

C. Mirtha Mackthon Juscamayta - Certificate # 4495. Alleged 
violations: (1) Selling items (manufactured scarves, knit 
gloves, knit caps, ties) not certified by Art Commission; 
and (2) selling in a location not designated by Board of 
Supervisors (December 15, 1995 allegedly at 388 Market 
Street; citation issued by Police). 

Officer Stewart Ng testified to the citation he issued Ms. 
Juscamayta on December 15, 1995 and stated that he found 
her on the north side of Market Street, near Fremont, with 
two display tables: one contained fabric hairwraps (for 
which she is certified); the other contained gloves, caps, 
and neckties. Both tables were three feet apart. She told 
the officer that both were hers. 

Ms. Juscamayta stated that her table was the one with the 
hairwraps, that her husband had been selling in front of 
388 Market Street and had asked him to join him there; his 
was the other table which contained the gloves, etc. He 
had to leave for a while, and she watched his table. 

Commissioner Rogers moved that the charge against Mirtha 
Mackthon Juscamayta of selling items not certified by the 
Art Commission be dismissed, that Ms. Juscamayta be found 
in violation for having sold in a location not designated 
by the Board of Supervisors, and that Ms. Juscamayta 's 
certificate be suspended for a period of three weeks; the 
motion was seconded by Commissioner Simon and unanimously 
approved. 

Commissioner Simon warned Ms. Juscamayta that the next time 
she is found selling in an illegal space, her certificate 



STREET ARTISTS PROGRAM COMMITTEE - March 13, 1996 Page 4 



could be suspended for a longer period of time. The Commis- 
sioner also warned Street Artist Abraham Pando, Mirtha's 
husband (who was present) against selling items that were 
not certified by the Art Commission and against selling 
in a non-designated location. 

D. Farid Samara - Certificate § A11S. Alleged violation: Selling 
in a location not designated by the Board of Supervisors 
(December 23, 1995 allegedly at 51 Stockton Street; citation . 
issued by Police). 

Officer Milan Kangrga, who had issued the citation to Mr. 
Samara on December 23, 1995 was not present. 

Street Artist Robert Siu translated for Mr. Samara: He had 
originally been assigned to a space adjacent to the Emporium 
but chose to exercise the Art Commission's approved "buddy 
system" by sharing table space with another artist, in this 
case Robert Siu. Mr. Samara arrived at Mr. Siu's space 
at 6:10 p.m. and was in the process of putting his belts 
onto Siu's table when the officer cited him and would not 
let him explain that he would be sharing the space. 

Both artists showed the Committee photos that Mr. Siu took 
of their display after the officer left. Mr. Siu also 
produced the lottery sheet of the day which listed Mr. Siu's 
name in "Z-45". 

Commissioner Rogers moved that the charge against Farid 
Samara of selling in a location not designated by the Board 
of Supervisors be dismissed due to a lack of preponderance 
of evidence; the motion was seconded by Commissioner Simon 
and unanimously approved. 

E. Michel Verton - Certificate # 2509. The Commissioners 
continued the hearing to the next month, as Mr. Verton 
had informed the Program Director that his car had broken 
down and he was unable to access public transportation. 



The meeting adjourned at 5:07 p.m. 



Respectfully submitted 



X^u/ 




Howard Lazar 

Director 

Street Artists Program 



APPENDIX 

STREET ARTISTS PROGRAM COMMITTEE MINUTES 

March 13, 1996 

HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE - BARRY 
PRAGER: SUMMARY OF TESTIMONY/EVIDENCE/FINDINGS 



Barry Prager - Certificate § 2703. Alleged violation: Con- 
ducting business in a disorderly, improper or hazardous 
manner (November 4, 1995 allegedly (1) assaulting street 
artist Silina Kreisel, (2) verbally abusing Mrs. Kreisel 
in front of her customers, and (3) allowing customers to 
obstruct Mrs. Kreisel' s business; and November 12, 1995 
allegedly (4) threatening street artist Janet Christian). 

In reference to the above charge, Program Director Lazar 
explained that he had initially received a written complaint 
from Mr. Prager alleging that Silina Kreisel had assaulted 
him. In the course of investigating the matter, the Program 
Director found no witness support of the complaint; on the 
other hand, one witness came forward to support Mrs. Krei- 
sel ' s counter-complaint that Mr. Prager had assaulted 
and verbally abused her. Also, it was found that Mr. Prager 
had received, one year prior to the incident, a written 
warning from the Program in reference to allegedly conduct- 
ing business in a disorderly, improper or hazardous manner 
based on a complaint of his having verbally harrassed and 
obstructed the business of street artist Virginia Burris. 
At the time of the current investigation, a complaint was 
filed with the Street Artists Program office that Mr. Prager 
on November 12, 1995 had allegedly threatened street artist 
Jan Christian. 

Because of the above two current incidents, the Program 
was charging Mr. Prager with having conducted business in 
a disorderly, improper or hazardous manner. 

Street Artist Silina Kreisel stated the following regarding 
her written complaint: (1) On November 4, 1995, Mr. Prager 
did not control the crowd which had gathered to watch him 
sketch customers; (2) Mrs. Kreisel placed a chair next to 
her display to prevent the crowd from bumping into her dis- 
play; (3) Mrs. Kreisel left her display, returned, and found 
the back of her chair missing, whereupon she asked several 
tourists and Mr. Prager if they had seen who had taken it; 
(4) Mr. Prager issued rude remarks to her and used his 



APPENDIX - 3/13/96 Street Artists Program Committee 
Page 2- A 

forearm to hit her in the stomach which was witnessed by 
street artist Jan Christian; (5) afterward, while she was 
waiting for Police to arrive, Mr. Prager issued racist re- 
marks and profanity to her and told one of her customers 
that she did not make her work but was a salesperson. 

Street Artist Jan Christian stated that she witnessed the 
entire incident, that Mr. Prager hit Mrs. Kreisel, and that, 
on November 12th, he approached Ms. Christian and told her: 
"You came looking for trouble and you're going to get it," 
whereupon he looked into her car and said to her dog: "Better 
watch out what you eat, little doggie." With regard to 
the incident involving Mr. Prager and Mrs. Kreisel, Ms. 
Christian described how Mr. Prager hit Mrs. Kreisel who 
"stepped back three or four steps or so," and Ms. Christian 
stated to Mr. Prager: "I saw that." She added: "I did not 
see her hit him; I saw him shove her to the back, with the 
back of his arm." Since that time, Ms. Christian said that 
Mr. Prager has made "growling noises" at her "when he comes 
near me or if I come near him to try to intimidate me, star- 
ing me down." Ms. Christian said she was "scared of him." 

Through questioning, Commissioner Rogers ascertained from 
Mrs. Kreisel that she had had previous incident three years 
ago involving Mr. Prager ' s refusal to control his crowd, 
but this time she refused to speak to him about the problem 
and chose to place her chair between their displays to guard 
against his customers. 

Street Artist Robert Kreisel (Silina's husband) stated that 
a month after the incident Mr. Prager approached him with 
a proposal that if Mrs. Kreisel dropped her complaint, 
he would not file a charge of Mr. and Mrs. Kreisel' s having 
traded selling locations; to this, Mr. Kreisel told them 
that a public apology from Mr. Prager would have to be con- 
sidered out of respect to Mrs. Kreisel 's culture. Mr. Prager 
he said, told him that he would not consent to this, that 
Prager stated his family "is from Bosnia, and the way we 
settle unresolved disputes is with violence." 

The Commissioners examined photographs submitted by Mrs. 
Kreisel which, according to her, showed Mr. Prager ' s display 
in relation to hers, as well as the positions of Mr. Prager ' s 
customers. Mr. Prager examined the photos. 

Street Artist Barry Prager erected his display in front 
of the Commissioners to demonstrate his version of the inci- 
dent involving Silina Kreisel. While he was doing so, the 
Committee received testimony from other artists. 



APPENDIX - 3/13/96 Street Artists Program Committee 
Page 3 -A 



Street Artist Eunice Rodriguez stated that she saw Mr. Prager 
some time after the incident photographing Mrs. Kreisel 
sitting in her car and reading a newspaper. Street Artist 
Virginia Burris testified to the incident she reported a 
year before in which he allegedly verbally abused and threat- 
ened her. 

Addressing Ms. Burris ' s report, Mr. Prager stated that after 
Ms. Burris had, at a hearing, asked the Commission to insist 
that cartoonists incorporate their chairs within the four- 
foot display requirement, he photographed Ms. Burris' s chair 
six feet away from her display, as well as another chair 
which extended her display area fifteen feet, and a second 
table on which she worked on her belts. The Commissioners 
examined photos he submitted of this, which included a photo 
of Ms. Burris' s friend attempting to block Mr. Prager ' s 
lens. At the time, he said, he did not feel it was impor- 
tant enough to inform the Art Commission, but the photos 
"clearly" showed "an assault on" him. 

Reading from a prepared statement, Mr. Prager stated that 
he was a street artist for thirteen years, an illustrator, 
photographer, and sculptor. He showed the Committee a sample 
of his sculpture which was recently approved by the Art 
Commission's Advisory Committee of Street Artists and Crafts- 
men Examiners. He described his recent jobs and exhibitions 
in industry. He went on to say that the present hearing 
was the result of an attempt at character assassination 
brought on by two women. 

Mr. Prager described how he built his desplay to consider 
not only his personal needs but those of the persons who 
would be selling next to him, by building the display wings 
to slant back so that these artists would be easily seen. 
Mr. Prager stated that on January 28, 1996, he spoke with 
Robert Kreisel to "put this unpleasantness aside" but was 
told that Mrs. Kreisel ' s honor was involved. Mr. Prager 
accused Mrs. Kreisel of being "selective with this honor" 
by filing false and misleading claims with the Program, 
lying to the Police, and slandering the reputations of in- 
nocent people. He added that three days after the incident 
he caught Mr. and Mrs. Kreisel cheating at the artists' 
lottery for spaces. 

Mr. Prager disputed Mrs. Kreisel 's claim that he had had 
a large crowd of people watching him work, leaning on her 



APPENDIX - 3/13/96 Street Artists Program Committee 
Page 4-A 



display and blocking it. He said that it had been a cold 
and dreary day, that that daylight savings time had ended 
days before which, added to the weather, made it "the worst 
Saturday of the year." By 3 p.m., one fourth of the artists 
were experiencing no sales and left the street. The two 
spaces next to him, "Beach 14" and "13", were vacant before 
3 p.m. Mr. Prager showed the Commissioners his record book 
which he said showed that on November 4th he made thirty- 
six dollars which, he said, did not sound like he had a 
big crowd. He stated that he sells his drawings for three 
dollars apiece and therefore had only a total of twelve 
customers that day. 

At approximately 4 p.m. during the incident with Mrs. 
Kreisel he was drawing a pair of soldiers. After the inci- 
dent, he drew four people. Therefore between 12 p.m., when 
he set up his display, and 4 p.m. he drew six people. It 
takes two-and-a-half minutes for him to make a drawing, 
so between 12 and 4 p.m. he was drawing a total of fifteen 
minutes or four minutes an hour. This is, he said, in 
contrast with Mrs. Kreisel' s claim that he was attracting 
large crowds swarming around her display and affecting her 
business. 

Mr. Prager referred the Commissioners to his witness, Street 
Artist David Samuel, who was not present because, Mr. Prager 
said, David Samuel was a friend of Mrs. Kreisel and Ms. 
Christian. Because he knew that Mr. Samuel would not speak 
on his behalf, he had asked the Program Director to contact 
Mr. Samuel to respond to questions furnished by Mr. Prager. 
Mr. Prager read to the Commissioners Mr. Samuel's responses 
as recorded in writing by the Program Director . (The Commis- 
sioners acknowledged receiving a copy of the statements 
previously from the Program Director as part of his investi- 
gation. ) 

After reading the responses, Mr. Prager made a point that 
Mr. Samuel was in the space next to him after 2:30 and would 
have been witness to any crowds but evidently saw none. 

Mr. Prager demonstrated to the Commissioners how he was 
sitting at his display and how there would be two-and-a- 
half feet between him and the person he was drawing. As 
he was drawing a pair of soldiers, he said, he had no op- 
portunity to take Mrs. Kreisel 's chair. 

At Mr. Prager ' s request, the Commissioners allowed the Pro- 
gram Director to assist Mr. Prager in his demonstration 



APPENDIX - 3/13/96 Street Artists Program Committee 
Page 5-A 



by stepping in between him and the"soldiers . " In this man- 
ner, Mr. Prager said, Mrs. Kreisel actually blocked his 
view of the soldiers. Before she did so, he said, she 
came up and accused one of the soldiers of stealing her 
chair; when he assured her that he hadn't, she stepped 
between him and Mr. Prager who then asked her three times 
to move. She was standing on his foot, he said, when with 
his arm (he demonstrated) he pushed her aside. He added 
that he did not hit her in the stomach and knock her back- 
wards, as she claimed, but "brushed her hip aside and moved 
her sideways." After he brushed her aside, he said, she 
started to hit him, "slapping" him "in the head . . . all 
the while" he "had some customers." 

Mr. Prager denied ever having talked to Mrs. Kreisel before 
the incident and denied calling her names or making racist 
remarks to her. He said this was supported by David Samuel's 
statement to the Program Director that he did not hear any 
name-calling. Mr. Prager denied the claim that he continued 
to disrupt Mrs. Kreisel 's business after the incident, and 
that this was supported by David Samuel's verbal confirmation 
that Prager was sitting quietly and drawing. 

Mr. Prager stated that Mrs. Kreisel claimed he hit her in 
the stomach, but on the Police report, he said, she claimed 
"a sore chest"; Mr. Prager stated that he believed she had 
had a breast operation and that she was trying to obtain 
sympathy and that "that must have been a heck of a shock 
wave travelling all the way up to her chest, maybe like 
an M-16 bullet." 

In reference to Ms. Christian's claim that he threatened 
her and her dog, Mr. Prager stated it was a discussion that 
happened to take place on Beach Street, not during street 
artist business hours, and the rules of the Program Committee 
do not supercede his "first amendment rights of freedom 
of speech." Later, that same day, Ms. Christian's boyfriend, 
a bartender from the Buena Vista, came up to him while he 
was selling - and this was during business hours - and 
threatened him by punching his fists together - all of which 
Ms. Christian, failed to tell the Committee. As for his 
alleged threatening of her dog, he said that while he was 
talking to her, her dog choked, "so I said 'Better watch 
what you eat, ' as I love dogs." 

In rebuttal, Ms. Christian stated that Street Artists Bill 
and Bob Clark, who were not present, had witnessed Mr. Pra- 



APPENDIX - 3/13/96 Street Artists Program Committee 
Page 6- A 



ger's threatening her; that it didn't matter if only two 
or four customers are present at a funsketch artist's dis- 
play since it takes only two leaning on another artist's 
display to disrupt that artist's business; and with respect 
to Prager ' s assertion of "shoving" Mrs. Kreisel, "he actually 
backhanded her" enough for her to "step back three or four 
steps. " 

In rebuttal, Mrs. Kreisel stated that Mr. Prager was not 
drawing any customer when she approached him; that David 
Samuel "is always walking around" and she did not know where 
he was set up; and that she did not hit Prager. 

In rebuttal, Mr. Prager stated that it was a very slow day 
with no business, which makes Mrs. Kreisel and Ms. Christian 
suspect about their testimony of large crowds; it was none 
of his business as to what happened to Mrs. Kreisel's chair, 
but when she "hassles me and my customers and she gets right 
in my face, I have to protect myself too ... She's standing 
on my foot, she's waving her arms, she's disrupting my 
business ..."and that David Samuel will not substantiate 
that "any of that happened, and it didn't." 

Commissioner Rogers stated this was an extremely emotional 
situation which evidently festered for a long time, that 
witness testimony had been received even though another 
witness, David Samuel, had been notified but had not ap- 
peared, and that he, Commissioner Rogers, would recommend 
a suspension of certificate. When physical contact was in- 
volved, he said, the Commission could go as far as revoking 
a certificate, but he did not feel that would be appropriate 
in this case. 

Commissioner Simon stated that in the past the Art Commission 
has stressed the point that it does not tolerate street 
artists touching, pushing, or engaging in any kind of phys- 
ical contact with each other, and that such incidents 
should be dealt with at an early stage. There was no reason, 
she said, for a street artist to push another street artist 
- man or woman - away, that there are other ways to handle 
a situation, and that given the witness testimony against 
Mr. Prager and a lack of witness testimony to counter the 
charge, a suspension would be called for as well as a warning 
of possible revocation for any future charge of improper 
conduct. 

Commissioner Simon further stated that street artists 



APPENDIX - 3/13/96 Street Artists Program Committee 
Page 7-A 



threatening or being verbally abusive to others would not 
be tolerated as such behavior leads to the pushing/shoving/ 
punching stages. She suggested that the Program Director 
issue a warning to the artists against verbal and physical 
aggressive behavior. 

Commissioner Rogers moved that Barry Prager be found in 
violation for having conducted business in an improper man- 
ner which involved physical contact and verbal abuse, that 
Mr. Prager' s certificate be suspended for a period of three 
weeks, and that Mr. Prager be warned that any future charge 
against him of improper conduct of business may result in 
a hearing to consider revoking his certificate; the motion 
was seconded by Commissioner Simon and unanimously approved, 

Commissioner Rogers stated that he expressed his sorrow 
that it had gotten to the point that some people in front 
of the Committee were shouting at each other and calling 
each other liars, and that he hoped that they would try 
to respect each other's right to be out on the street and 
to refrain from verbal or physical conflict; otherwise, 
if they ended up in front of the Committee again, the Com- 
missioners would start pulling licenses. 



(END OF HEARING) 



SAN 



FRANCISCO ART COMMISSION 



'* 



i programs 

Civic Art Collection 
Civic Design Review 
Community Arts 
& Education 
Cultural Equity Grants 
Gallery 
POPS Symphony Concerts 
Public Art 



Street Artists Licenses Note 
Suite 70 
41S. 252. 2581 



If 

no.ns 

h 

■/to Ml 



II 



III 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday i^Agril 10 , 1996^) 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT 

m i o /996 

SAN FRANCISCO 
PU BUC LIBRARY 



t A 



N 



: Public testimony is invited and shall be limited to three 
(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 
OF SUPERVISORS FOR TEMPORARY SIX-MONTH RE-DESIGNATION OF 
THREE (3) SELLING SPACES ON STOCKTON STREET, WEST SIDE, 
AT O'FARRELL STREET (spaces designated by Board of Super- 
visors Res. No. 871-95, 10/27/95, for six months) 

HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 
OF SUPERVISORS FOR PERMANENT DESIGNATION OF FOUR (4) FORMER 
TEMPORARY HOLIDAY SPACES ON MARKET STREET, 2ND TO 1ST 
STREETS, AND THREE (3) FORMER TEMPORARY HOLIDAY SPACES 
ON SUTTER STREET, SOUTH SIDE, AT MARKET STREET (former 
temporary spaces designated annually since 1982) 

HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO Board 
OF SUPERVISORS FOR TEMORARY SIX-MONTH DESIGNATION OF SIX 
(6) SELLING SPACES ON HYDE STREET, EAST SIDE, BEACH TO 
JEFFERSON STREETS (for designation between existing spaces 
"H-12" and "H-13" with exemption from Sec. 2405(c)(6) and 
(5), Ord. 41-83 (distance from doorway and standpipe reg- 
ulations) 



IV HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 



A. 




B. 



City and County of 
San Francisco 



Michel Verton - Certificate # 2509. Alleged violations: 
(1) Selling items ( "wurli toys") not certified by Art Com- 
mission; and (2) selling in a location not designated by 
the Board of Supervisors (December 10, 1995 allegedly at 



Stockton Street, southwest corner, 
(rescheduled from 3/13/96) 



at O Farrell Street 



Silina Kreisel - Certificate § 3145 - and Robert Kreisel 
- Certificate # 3146. Alleged violation: Signing-in for 
and trading spaces (violation of lottery provision adopted 
by Art Commission 8/6/84: "GIVING AWAY SPACES PROHIBITED: 
No one may sign in for a space and give it to someone else, 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Agenda 

Page 2 

including family unit members.") 

V REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN IS- 
SUANCE OF CERTIFICATE WITH WAIVER OF RE- SCREENING OF WARES 

A. Daniel Ladron De Guevara - Certificate § 3870 expired 

December 1, 1995; request for priority received by Program 
October 6, 1995 (prior to Mr. De Guevara's leaving town). 

VI BRIEFING BY PROGRAM DIRECTOR ON THE LAWS, PROCEDURES, AND 
ACTIVITIES OF THE STREET ARTISTS PROGRAM 

VII PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

IV ADJOURNMENT 



ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with 
disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 25 
Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. All meetings are held in 
Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and Franklin 
Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains—stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses—serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In order 
to assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accommodate these' 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252-2596 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations 
are open to the people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK 
FORCE AT 554-6075. 






S F 



A C 



PROGRAMS 



SAN FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

DPS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

41S. 252. 2581 



April 10, 19963 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



Documents dept. 

MAY o 3 79g 6 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Commissioners present: Emery Rogers, Rod Freebairn-Smith, 

Anthony Turney 



Commissioners absent 



Maria X. Martinez, Janice Mirikitani 



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City and County of 
San Francisco 



Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

Commissioner Rogers, Chair, convened the meeting at 3:12 p.m. 
and introduced and welcomed Commissioners Freebairn-Smith and 
Turney to the Committee. 

I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 
OF SUPERVISORS FOR TEMPORARY SIX-MONTH RE-DESIGNATION OF 
THREE SELLING SPACES ON STOCKTON STREET, WEST SIDE, AT 
O'FARRELL STREET (spaces designated by Board of Super- 
visors Resolution No. 871-95, October 27, 1995, for six 
months ) 

Commissioner Rogers noted, by a show of hands, that some 
30 street artists were in support of the proposal for re- 
designation. 

Street Artist Bill Clark stated that, as the artist who 
initially proposed the three spaces, he wanted to see the 
Art Commission recommend to the Board of Supervisors that 
the spaces be re-designated, and that he used them a few 
times during the Christmas season and they proved to be 
viable spaces. 

Ms. Ellen Kovak of Cushman-Wakef ield, representing the owners 
of the 55 Stockton Street building adjacent to the building, 
expressed opposition to the proposal and presented photos 
which, she said, showed that the sidewalk area was not being 
properly maintained, that there were polish stains, that 
the artists' displays were haphazardly set up and were in 
disarray. The photos, she said, were taken in the beginning 
of February. 

Program Director Lazar clarified that the incident of sidwalk 
stain was discussed at the Program Committee's hearing the 
previous month when it was ascertained, due to a complaint 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 2 



from The Limited, that street artist Farid Samarra had 
spilled leather dye on the sidewalk. The Committee gave 
him a stern warning against any further leather dying on 
the sidewalks, and he, in turn, promised to remove the 
stains. 

Ms. Kovak stated that Mr. Samarra has continued to use 
leather dyes in that area, and that she spoke with him 
the other day; he said he would clean up the stains, but 
he has not done so. Ms. Kovak asked the Committee how her 
organization would be reimbursed for the costs in doing 
the cleanup. She went on to state that most of the artists' 
displays were haphazardly put together. 

Commissioner Rogers stated that he felt it was the Street 
Artists Program's responsibility to clean up the stains. 

Ms. Kovak stated that her group did not appreciate having 
the "vendors" in front of the building because it is also 
a high-congestion area, there is a school in the building 
with many students entering and exiting, and at certain 
times of the day there is a "big backup" because the artists 
are there . 

In reference to such alleged congestion, the Program Director 
stated that next to the three spaces there has been placed 
a seventeen-foot JC DeCaux kiosk, the radius of which 
encroaches the sidewalk twice as far as the artists' spaces. 
The kiosk is closer to the crosswalk and Ms. Kovak ' s building 
entrance, and, as such, could be considered the real con- 
tributor to the sidewalk's congestion. 

Commissioner Rogers noted that the three spaces met all 
of the fire and public safety regulations passed by Board 
of Supervisors ordinance. 

Street Artist Nancy Pearlman testified that, prior to the 
designation of the three spaces, there had always been il- 
legal, unlicensed vendors working the sidewalk. She stated 
also that she did not feel that all of the artists should 
be punished because one artist did not respect the spaces. 

Street Artist Leah Mazor clarified that she and her 
colleagues were not "vendors" but artists: people who make 
their own work. 

Street Artist Linda Pedersen stated that, as an artist who 
has been in the Program since 1980, she was aware of some 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 3 



artists ' displays which left room for improvement but that 
any improvement was subject to the size regulations. She 
also stated that an artist who spills dye on the sidewalk 
should be the one to clean it up. 

Street Artist Robert Clark stated that he considered the 
criticism of the artists' displays "almost as a racist attack 
on the people who work the streets," and that the artists 
have to build their displays in such a manner as to allow 
for immediate evacuation in the event of emergency. The 
displays, he said, did not look as bad as the people who 
panhandle and relieve themselves in doorways; such persons, 
he said, are not around when the street artists set up. 
Mr. Clark added the major problem was enforcement, that 
the City still had over $200,000 of the artists' fees which 
it has never reverted to the Program's fund, that he 
understood that the Program Director was researching the 
whereabouts of another $100,000 of the artists' fees which 
the City was holding, and that if there was a problem of 
enforcement, the merchants and the artists should team up 
and request the Board of Supervisors to give the Program 
back its money so that the Program could provide more pol- 
icing in street artist areas. 

Mr. John Bass stated he was a former street artist who had 
been in the Program for nine years and that he believed 
that enforcement was the essence of the Program; without 
adequate regulation, irresponsible persons will incur attacks 
on the Program by the merchants. Mr. Bass went on to say 
that he wondered if the managers of The Limited building 
paid as much attention to the panhandlers, the performers 
with amplified sound, the Street Sheet peddlers, etc., as 
they do the street artists. He frequently has seen such 
activities tolerated by the building's and store's managers, 
whereas street artists, because they are subject to regula- 
tions and have an office where persons may come to complain, 
are treated as if they are responsible for the entire gamut 
of behavior that occurs on the sidewalk. The artists, he 
said, are against such behavior and spend their money on 
Police to remove illegal vendors. At the corner of Stockton 
and O'Farrell, he said, he has seen illegal vendors many 
times and has personally telephoned the Police, whereas 
the people who run the stores do not seem to want to take 
this burden on themselves. Generally, street artists are 
good citizens, he said, who displace the illegals. 

Director of Cultural Affairs Newirth commented that the 
Street Artists Program Committee historically has demon- 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 4 



strated sensitivity to the business community, that there 
really is a difference between street artists and vendors, 
and there was no reason why businesses and street artists 
could not support one another and work in a way to improve 
the neighborhood as a whole - for example, a business 's 
getting to know the artists who are outside its building 
and being able to tell any one of them that he/she is making 
a mess, and, if the artist does not respond, being able 
to contact the Program Director. 

Commissioner Rogers stated that the Street Artists Program 
Committee would take it on itself to see that any spillage 
on sidewalks by a street artist would get cleaned up. The 
Commissioner asked that the artist who spilled the dye on 
Stockton Street come before the Committee at its next meet- 
ing. 

Street Artist Eunice Rodriguez stated that all the leather 
artists use dye and that perhaps the staff could notify 
them to not use their dyes on the street. 

Street Artist Vivian Lee stated that she sells in the three 
spaces, likes them, and hoped that they would continue. 

Commissioner Freebairn-Smith moved that the Board of Super- 
visors be requested to re-designate for six months the three 
selling spaces on Stockton Street, west side, at O'Farrell 
Street, as previously designated in Board of Supervisors 
Resolution No. 871-95; the motion was seconded by Commis- 
sioner Turney and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 
OF SUPERVISORS FOR PERMANENT DESIGNATION OF FOUR FORMER 
TEMPORARY HOLIDAY SPACES ON MARKET STREET, SOUTH SIDE, 
2ND TO 1ST STREETS, AND THREE FORMER TEMPORARY HOLIDAY 
SPACES ON SUTTER STREET, SOUTH SIDE, AT MARKET STREET 
(former temporary spaces designated annually since 1982) 

The Program Director informed the Commissioners that two 
and a half years ago, after the Art Commission held nego- 
tiations with the merchants, Building Owners and Managers 
Association, Chevron, and the street artists, the Board 
of Supervisors designated five out of nine former temporary 
holiday spaces on Market Street (at Sutter), adjacent to 
the Chevron building, as permanent spaces. What was before 
the Program Committee now was the artists ' request to make 
the remaining four permanent. In addition, the Program 
Director was requesting that three former temporary spaces 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 5 



across the street, on the south side of Sutter Street, be 
made permanent. These seven spaces met all of the street 
artist ordinance's fire and public safety regulations, were 
designated annually as holiday spaces by the Board of Super- 
visors since 1982, and had been tried and found lucrative 
by the artists each year since. 

The Program Director presented a petition he received of 
43 street artists in support of making the four spaces 
adjacent to Chevron permanent. 

In reference to the three spaces at the corner of Sutter 
and Market, the Program Director handed the Commissioners 
a letter he had just received before the meeting from 
Ms. Elizabeth Vines, Property Manager, Northwest Asset 
Manangement, which expressed opposition to the proposal. 

Ms. Vines stated that she represented the owners of the 
Flatiron building, 540 Market Street, located at the corner 
of Sutter, Sansome, and Market Streets, who opposed perma- 
nent designation of the three spaces. The location of the 
spaces, she said, are in an area that already suffers con- 
gestion of several crosswalks, BART entrances including 
disabled persons access, and traffic; the spaces would make 
for an acute problem during peak commute hours and difficulty 
in navigating the intersection. The ownership of the Flatiron 
building did not oppose the continuation of the spaces as 
holiday spaces but did oppose them for permanency. 

Also in opposition to permanency was Ms. Vanessa Quesada, 
representing the owners of Citicorp Center, who stated that 
she was in agreement with Ms. Vines' view of the traffic 
congestion, that PG&E was currently doing work on the south 
side of Sutter, and that that end of Sutter has many trucks 
and vans double-parked. In addition to the traffic itself 
on Sutter Street, the sidewalk in question already had 
a BART/Muni escalator and a news kiosk; therefore, the 
addition of street artist booths would add to the congestion. 

Street Artist Eunice Rodriguez questioned the rationale 
behind the opposition's allowance for the artists to be 
there at Christmas but not the rest of the year when, she 
said, it is three times more congested in that location 
during Christmastime than it is the rest of the year. 

Street Artist Maria Hillius questioned Citicorp's opposition 
to the spaces since, she said, Citicorp tolerates eight 
to ten illegal (unlicensed) vendors at its doorstep daily. 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 6 



Ms. Quesada denied this and said her organization has 
security guards who patrol and make sure street vendors 
are not in their area. 

Commissioner Rogers ascertained from Ms. Quesada that the 
three street artist spaces were not adjacent to but were 
across the street from Citicorp. 

Program Director Lazar stated that his Program, in paying 
$15,000 a year to the Police Department to enforce the law 
against illegal vendors in the Downtown and Wharf areas, 
has for the past four years received copies of incident 
reports written by the Police on the illegals they 
cited on the Citicorp block of Sansome street. The Program 
Director himself, on at least one occasion while accompany- 
ing the Police, witnessed an officer having to cite an 
entire line of illegal vendors stretching the majority 
of the length of the block. It was the Art Commission who 
took the initiative - and still does - in tackling the prob- 
lem, going back to the days when the Program Director served 
on a special committee of departmental reps and merchant 
groups organized by the City Attorney to legislatively combat 
illegal vendors known at the time as "charitable solicitors." 
Given the Art Commission's history in participation of such 
enforcement, as paid for by the street artists' fees, the 
request for three spaces designated on a temporary basis 
since 1982 and meeting all of the safety regulations was 
not, to the Program Director, extravagant. 

Commissioner Freebairn-Smith asked if Citicorp had an 
alternative proposal to offer or whether it was simply op- 
posed to the spaces. In response, Ms. Quesada stated that 
people were more tolerant of congestion during the winter 
holiday season than during the rest of the year, and that 
driving on the street was a "nightmare" due to the inter- 
section of three major streets. 

Street Artist Bill Clark stated that the street artist space 
regulations were created in 1975 by the Board of Supervisors 
when there was a lack of control after passage of the first 
ballot ordinance. The safety regulations were drafted by 
Supervisor Kopp after extensive meetings with the Fire and 
Police Departments and the artists' legal representative. 
It was the artists' position at the time, and still is, 
that a good number of these regulations could be mitigated 
in some instances as they are overly stringent and prevent 
the artists from applying for many viable locations in the 
area. It was, he said, the opinion of the best Fire and 






STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 7 



Police officers, Supervisors, and other departmental per- 
sons at the time that if these space regulations were met, 
the question of possible congestion created by a proposed 
space would be answered. Those persons who feel there should 
be further restrictions should not bring their argument 
to the Art Commission but should take it to the Board of 
Supervisors . 

Street Artist Linda Pedersen stated that directly across 
from Citicorp on Sansome Street, there are times when it's 
impossible to walk on that side of the street because it 
is a congested "hangout" for bike messengers. She went 
on to say that many of the street artists do not own auto- 
mobiles and would therefore not be adding to the double- 
parking congestion. 

Ms. Vines suggested that the Art Commission review the exist- 
ing regulations to see how they compare with current congest- 
ion levels. 

Street Artist Debra King stated that she has been in the 
Program for twenty years and sells twice a week in spaces 
adjacent to Chevron and is therefore in a position to see 
the traffic flow, across the street, at the intersection 
in question: rush hour does not happen from Market Street 
onto Sutter or onto Sansome; it gets caught up going the 
other direction, straight down Market Street to the Ferry 
Building. There is much less congestion, she stated, in 
the area in question than in most places Downtown. 

Street Artist Nancy Pearlman stated that when street artists 
are present, there are no illegal vendors on the sidewalk. 
The artists, therefore, are an asset in diffusing the 
congestion problem. 

Former Street Artist John Bass stated that the persons 
voicing opposition to the spaces should be aware that the 
space regulations are not guidelines but City law, that 
if they feel the law is inadequate, they could go before 
the Board of Supervisors and argue for revisions of the 
law. As for the intersection being a haven for illegal 
vendors, it definitely is despite whatever patrols Citicorp 
may be making; illegal vendors are there every time he, 
Mr. Bass, goes by which is twice a week - and they are in 
the middle of the sidewalk. Finally, the idea that the 
presence of three street artists would attract thousands 
of pedestrians who would block the sidewalk and the street 
is "flattering to the street artist but is absurd": one 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 8 



or two people may stop every ten minutes, if the artist 
is fortunate. 

Street Artist Leah Mazor stated she sells at the Chevron 
spaces twice a week; her customers know where to find her 
and like having the artists present. Since no one is al- 
lowed to park there, the street artists do not represent 
any traffic congestion. 

Street Artist John Wheeler stated that the location of the 
three spaces would benefit Downtown customers and would 
not threaten the livelihood of the Flatiron building. Fur- 
thermore, by having the three spaces situated as they have 
been between the two crosswalks at Sansome, Sutter, and 
Market, bike messengers would be prevented from jumping 
onto and cutting across the sidewalk to Market - Mr. Wheeler 
could personally testify to this as an ex-bike messenger. 

Street Artist John Cracas, in the Program for twelve years, 
stated that any location Downtown is havoc, and to say that 
one location would be more congested because of street 
artists was ridiculous and could not compare at all, for 
example, with the Chinatown part of Stockton street where 
the sidewalk is impassable. 

Director of Cultural Affairs Richard Newirth stated that 
the congestion issue should not be at the Art Commission 
but at the Board of Supervisors. 

Commissioner Turney observed that in relation to the current 
number of five permanent spaces, the addition of seven perma- 
nent ones would be "a quantum leap." Consideration could 
be given to making the proposed spaces temporary year-round 
subject to review and possible permanency. 

Commissioner Freebairn-Smith stated that since no controversy 
had been received regarding the four spaces by Chevron, 
temporary status could be recommended for just the three 
on Sutter. Commissioner Rogers asked those in attendance 
if anyone opposed the Market Street spaces and received 
no response. 

Commissioner Freebairn-Smith moved that the Board of Supervi- 
sors be requested to designate on a permanent basis four 
former temporary holiday spaces on Market Street, south 
side, 2nd to 1st Streets, and to designate for one year 
three former temporary holiday spaces on Sutter Street, 
south side, at Market Street, subject to review; the motion 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 9 



was seconded by Commissioner Turney and unanimously approved. 

Ill HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD 

OF SUPERVISORS FOR TEMPORARY SIX-MONTH DESIGNATION OF SIX 
SELLING SPACES ON HYDE STREET, EAST SIDE, BEACH TO JEFFERSON 
STREETS (for designation between existing spaces "H-12" 
and "H-13" with exemption from Section 2405(c)(6) and (5), 
Ord. 41-83) 

Program Director Lazar referred to the map he made 
positioning a proposed six spaces five feet apart (as per 
regulation), encompassing a length of 59 feet within an 
open curb length of 64 feet 4 inches, and requiring exemp- 
tion from Section 2405(c)(6) and (5), Ordinance 41-83, the 
regulations which prohibit a space from being within twelve 
feet of a door and within seven-and-a-half feet of a stand- 
pipe, respectively. Opposite the proposed and existing spaces 
is the Wharfside Building, most of which is uninhabited 
due to the last earthquake and is under the control of 
S. F. Maritime National Historic Park. The building has 
a boarded-over , 8-foot doorway directly opposite the 
southernmost proposed space and a pair of standpipes op- 
posite the northernmost proposed space. 

Mr. Lazar reported that the addition of the six spaces would 
benefit the artists' lottery for spaces, as even now all 
existing prime spaces - Beach, Jefferson, and Hyde Streets 
- are being taken in the weekend lotteries. After discussing 
the artists' request with representatives of S. F. Maritime, 
the Program Director received word from Supervisory Park 
Ranger John Cuneen that his Supervisor, Marc Hayman, and 
he would not oppose the request; furthermore, if S. F. 
Maritime personnel needed to enter the building through 
the Hyde Street door, they would do so early in the morning 
when street artists are not present. 

Mr. Alessandro Baccari, Executive Secretary, Fisherman's 
Wharf Merchants Association, stated that, upon being notified 
by the Program Director, his organization called an emergency 
meeting on the matter. The Director of the Maritime, Mr. 
Bill Thomas, he said, is involved with the merchants 
association in an analysis on developing the maritime Hyde 
Street park; within one month a master plan is to be 
proposed. Mr. Baccari went on to say that he has never been 
really opposed to street artists and has been their strong 
advocate; his concern, however, was that "those who are 
true artists deserve support," as opposed to those who are 
not artists but are vendors which necessitate policing. 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 10 



The Wharf Merchants Association, he said, would support 
the request for the six temporary spaces but on a four- 
month basis, as his group was attempting to convert the 
Haslett Warehouse (Wharf side Building) to create in its 
windows and doorways historical showcases as soon as pos- 
sible. In addition, with the help of Parking and Traffic, 
Hyde Street, from Beach to Jefferson Streets, will be made 
into two-way traffic. Four months would allow the street 
artists to sell, while his group and departmental personnel 
would not be disrupted in completing their plans. 

Mr. Baccari asked the Commissioners to consider making a 
two-month moratorium to halt new artists from entering the 
Program and to allow the Commission to evaluate the Program 
in terms of artistic talent in order "to protect the goodness 
of the street artists," to allow the Commissioners to go 
out on the streets and view "the good work that is being 
done," and to work with the City Attorney on a guideline 
to assure that the Program would be "getting artists." 

In thanking Mr. Baccari, Commissioner Rogers stated that 
Program Director Lazar has always told him that the Fish- 
erman's Wharf Merchants Association is highly cooperative, 
and now he, Commissioner Rogers, had an opportunity to see 
this first-hand. 

Commissioner Turney noted that the Commission's screening 
criteria for what constitutes "acceptable art" in the Street 
Artists Program was approved prior to 1980, and that, accord- 
ing to the street artist ordinance, a "handcrafted item" 
is defined as "an item predominantly created or significantly 
altered in form by the street artist." 

Street Artist Bill Clark stated that the City Attorney ruled 
that it would be illegal for the Art Commission to institute 
a moratorium on street artist licenses. 

Street Artist Maria Hillius expressed her support for the 
proposed six spaces and presented a petition signed by 
118 street artists. 

In response to a question on planning schedule by Commis- 
sioner Freebairn-Smith,Mr . Baccari discussed elements of 
a master plan of Hyde Street and invited Program Director 
Lazar to be part of the planning process for consideration 
of a balance of street artist locations. 

Commissioner Turney moved that the proposal for six temporary 






STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 11 



spaces be amended to provide for their designation of four 
months instead of six months; the motion was seconded by 
Commissioner Freebairn-Smith and unanimously approved. 

Commissioner Turney moved that the Board of Supervisors 
be requested to designate for four months six temporary 
selling spaces on Hyde Street, east side, Beach to Jefferson 
Streets, subject to exemption from the provisions of Section 
2405(c)(6) and (5) of Ordinance 41-83; the motion was 
seconded by Commissioner Freebairn-Smith and unanimously 
approved. 

IV HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Michel Verton - Certificate § 2509. Alleged violations: 

(1) Selling items ("wurli toys") not certified by Art Com- 
mission; and (2) selling in a location not designated by 
Board of Supervisors (December 10, 1995 allegedly on Stock- 
ton Street, southeast corner, at O'Farrell Street), (re- 
scheduled from March 13, 1996 Program Committee meeting) 

The Program Director submitted the Police incident report 
written by Officer Milan Kangrga on December 10, 1995, and 
also submitted a copy of the written warning sent by the 
Program Director to Mr. Verton on December 28, 1995 after 
staff had observed Mr. Verton allegedly selling non- 
certified items (commercially manufactured toys) on December 
20th. 

Officer Kangrga testified to the December 10th report he 
had written and stated that at approximately 2 p.m. that 
day he was in a marked Police wagon patrolling Stockton 
Street when he observed Mr. Verton to be standing at the 
southeast corner of Stockton and O'Farrell Streets. Mr. 
Verton was holding a hip box with a "FOR SALE" sign and 
was selling "wurli-toys . " The officer watched him approach 
two pedestrians who conversed with him. The officer then 
came up to him and asked to see a street permit and was 
told by Mr. Verton that he had none. He cited him and 
seized the items to be booked as evidence. After the citation 
was given, Mr. Verton said he had a permit but did not have 
it with him. He was released. 

In response to questions from the Program Director, Officer 
Kangrga stated that Mr. Verton was not selling in any of 
the adjacent three spaces on Stockton Street but was on 
the part of the sidewalk where the two points of the cross- 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 12 



walks meet. 

Street Artist Michel Verton disputed where the officer stated 
he had been but admitted that he was not in any of the street 
artist spaces. He stated that he does not have a table 
but a basket which he uses to present a magic show; if the 
viewer likes the show, he buys the product which Mr. Verton 
uses in the show. When the officer asked him if he had a 
license, he said he did not have a peddler's license, and 
neither was he acting as a street artist. 

Program Director Lazar stated that the City Attorney in 
1983 clarified that it is within the Art Commission's juris- 
diction to suspend or revoke the certificate of a street 
artist who has displayed or sold items he has not made in 
a location not designated for street artist activities but 
adjacent to a street artist location. 

In response to questions by Commissioner Turney, Mr. Verton 
stated that he was a licensed street artist and that he 
told the officer he did not have a permit because the of- 
ficer was talking about a peddler's permit, not a street 
artist permit. 

Officer Kangrga stated that this "confusion" about permits 
was clarified during his conversation with him because 
another street artist came up to them, showed his own per- 
mit, and told Verton "just show your permit" to the officer. 
It was at that point that Verton told him he did own one 
but did not have it in his possession. 

In response to questions from Commissioner Rogers, Mr. Verton 
stated that he uses his street artist permit only during 
the winter holiday season and chooses to pay for it 
throughout the year to "support the system, because I sup- 
port the street artists." 

Mr. Verton stated that he has been a street artist in the 
Program for twenty-five years, licensed to sell beadcraft 
and caricatures, and the ticket he received was dismissed. 

Commissioner Turney commented that from what he knew of 
the Street Artists Program, he was an ardent supporter of 
it; as in the earlier reported case of the artist who 
spilled leather dye on the sidewalk, it is so easy for one 
individual to spoil the Program's benefits for the many, 
and as long as he, Commissioner Turney, would be on the 
Commission, he would push very hard for action which is 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 13 



supportive of the existing regulations that the majority 
of artists follow. He would also endorse action which is 
supportive of enforcement because therein will lie the 
integrity and vitality of the Program. 

Commissioner Freebairn-Smith moved that it be found that 
Michel Verton violated the street artist ordinance by sell- 
ing items not certified by the Art Commission and by sell- 
ing in a location not designated by the Board of Supervisors, 
and that Mr. Verton ' s certificate be suspended for a period 
of two months and three weeks; the motion was seconded by 
Commissioner Turney and unanimously approved. 

The Program Director reiterated verbally to Mr. Verton what 
had been stated to him previously in writing: his right to 
appeal the decision before the Board of Permit Appeals and 
the time-line provided him for filing such appeal. 

B. Silina Kreisel - Certificate § 3145 - and Robert Kreisel 
- Certificate § 3146. Alleged violation: Signing-in for 
and trading spaces (violation of lottery provision adopted 
by Art Commission 8/6/84: "GIVING AWAY SPACES PROHIBITED: 
No one may sign in for a space and give it to someone else, 
including family unit members.") 

The Program Director referred to the written complaint sub- 
mitted by Street Artist Barry Prager alleging that on January 
7, 1996, Silina Kreisel signed in for Beach Street space 
"12" and gave it to Robert Kreisel for his use in which 
to sell, and that Robert Kreisel signed in for space "39" 
and gave it to Silina Kreisel for her use in which to sell. 
Attached to the complaint was the lottery sign-in sheet 
for the day which listed the name "Silina, 3145" entered 
beside space "12" and the name "Bob K, 3146" entered beside 
space "39." Also attached were two photographs taken by 
Mr. Prager who, in his letter, stated that they were taken 
at 4:30 p.m. and "clearly show Selina in 39 and Bob in 12." 

Mr. Prager testified to seeing the Kreisels selling in each 
other's spaces at 2:30 p.m., whereupon he went home for 
his camera and photographed them at 4:30 p.m. He stated 
that the photos showed that the Kreisels' automobiles were 
parked adjacent to their allegedly traded spaces which, 
he said, showed "pre-planning." 

Street Artist Dikran Knoble, referring to his letter which 
he FAXed the Program Director the day before the hearing 
(which was read by the Commissioners), testified that on 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 14 



the weekend in question he was unable to get a good space 
on Saturday and Sunday and wound up selling on Hyde Street. 
At 1:00 he went down Beach Street to look for a better space 
when he saw that in space "12" Robert Kreisel was behind 
the display and in space "39" Silina Kreisel was behind 
the display. He went down the street again at 2:30 p.m. 
and saw Robert Kreisel in "12," sitting in a chair with 
his feet up on the table while he was reading a newspaper, 
and saw Silina Kreisel in "39," standing behind her display 
and talking to people in front of the display. According 
to the sign-in sheet, they were in each other's spaces. 

Street Artist Silina Kreisel stated that Mr. Knoble said 
the incident occurred on Saturday, whereas her husband and 
she were not selling on Saturday. On Sunday, when they were 
selling, she merely went over to her husband's display in 
space "39" to talk with him; she did not go there to sell 
for him. She went on to say that Mr. Knoble was trying 
to get even with her for the time she testified against 
him before the Program Committee for his selling in an il- 
legal location, and that Mr. Prager was attempting to re- 
taliate against her for her complaint against him which 
resulted in a hearing before the Committee last month and 
a three-week suspension of his certificate. 

Street Artist Robert Kreisel referred to his statements 
in a letter he now submitted to the Committee, that Mr. 
Prager was carrying out the threat he made to Mr. Kreisel 
that if Silina did not drop her complaint against him, he 
would file a claim against them for allegedly trading spaces. 
As for Mr. Knoble, the Kreisels had complained to the Program 
Committee about his selling in the illegal location between 
space "39" and the crosswalk. Mr. Kreisel questioned the 
motive of Mr. Knoble 's bringing his observation to Mr. 
Prager. Mr. Kreisel further stated that Mr. Prager said 
he saw the Kreisels at 2:30, whereas in his written statement 
he said that Knoble saw them at 2:15 and told Prager about 
it and he went home and returned at 4:30 to take a picture. 
As to Mr. Knoble ' s statement that he saw the Kreisels sitting 
in each other's spaces, they, like many artists on the 
street, visit each other many times during the day. He 
questioned whether Mr. Prager actually saw them selling. 

As for the Kreisels' cars, Mr. Kreisel stated that they 
could have switched the parking spaces any time they wished. 
He and his wife both had received good selling spaces and 
therefore had no incentive to trade them. 






STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 15 



As for the photos, he said, they were taken at 4:30 - accord- 
ing to Mr. Prager - which makes the issue moot, as an art- 
ist's occupancy of his space is required only up to 3:00, 
and afterward an artist may sell in any space. Also, the 
only thing one photo shows is Mr. Kreisel packing up to 
leave, and the other photo only shows his wife sitting in 
her van while he is packing up for her. 

In response to a question from Commissioner Rogers, Mr. 
Kreisel stated that he sold all day in "39" and his wife 
sold all day in "12." 

Street Artist John Cracas testified that he has been in 
the Program for twelve years, that on the day in question 
he was selling in space "40" all day and never saw Silina 
Kreisel, when she was at her husband's stand, take money. 
She came there to visit him only. 

Street Artist Eunice Rodriguez stated that the artist's 
defined "occupancy rule" was for the hours of 12 noon - 
3:00 p.m. for persons who receive their spaces in the lot- 
tery, and that after 3 p.m. a space could be made available 
to anyone. 

In response to questions from the Commissioners, Program 
Director Lazar discussed how the "occupancy rule" was adopted 
after the Commission had received many complaints about 
individuals and family units of individuals deliberately 
obtaining spaces for the purpose of trading which resulted 
in serious restriction of other artists from equal oppor- 
tunity in obtaining spaces. 

Commissioner Turney stated that he did not discern a pre- 
ponderance of evidence in the case. However, after hearing 
that there have been incidents in which trading of spaces 
had occurred, he would encourage street artists to submit 
such cases because, in the end, unless the artists are 
willing to maintain a considerable degree of the integrity 
of the Program, it will not be able to sustain itself - 
which neither the artists nor the Commission wanted. When 
an artist sees something going on which brings into question 
the integrity of the operation of the Program "in the real 
world of the street," the artist becomes an accessory if 
he/she does not bring it forward. 

Commissioner Turney moved that the charge against Silina 
Kreisel and Robert Kreisel of trading spaces be dismissed 
due to a lack of preponderance of evidence; the motion was 
seconded by Commissioner Freebairn-Smith and unanimously 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1996 Page 16 



approved. 

V REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN IS- 
SUANCE OF CERTIFICATE WITH WAIVER OF RE- SCREENING OF WARES 

A. Daniel Ladron De Guevara - Certificate § 3870 expired 
December 1, 1995; Mr. De Guevara's request for priority 
was received by the Program on October 6, 1995, prior to 
Mr. De Guevara's leaving the country. 

Commissioner Freebairn-Smith moved that the request by Daniel 
Ladron De Guevara for priority issuance of certificate with 
waiver of re-screening of wares be approved; the motion 
was seconded by Commissioner Turney and unanimously approved. 

VI BRIEFING BY PROGRAM DIRECTOR ON THE LAWS, PROCEDURES, AND 
ACTIVITIES OF THE STREET ARTISTS PROGRAM 

Commissioner Rogers tabled the item, as much time had al- 
ready been given in briefing throughout the preceding items. 

VII PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF PRO- 
POSALS FOR NEW SELLING SPACES 

Street Artist Virginia Burris requested that, in the future, 
instead of the Program's hiring of Police officers for 
Saturdays and Sundays of each weekend of summer, the Program 
hire officers on a spot-check basis throughout the year 
with perhaps scheduling them for only a few hours on one 
day of the summer weekends, alternating Saturdays and 
Sundays. Commissioner Rogers asked the Program Director 
to explore this possibility with Sgt. Thompson of Special 
Law Enforcement Services. 

Commissioner Freebairn-Smith moved that the meeting be 
adjourned; the motion was seconded by Commissioner Turney 
and unanimously approved. 

The meeting adjourned at 5:25 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



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programs 

Civic Art Collection 

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& Education 

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SAN FRANCISCO ART COMMISSION 
/ * 



Sf 



76.75 



NOTICE OF CANCELLATION OF MEETING 



DOCUMENTS DEPT. 
MAY 3 1996 

SAN FRANCISCO 
PUBLIC LIBRARY 



Street Artists Licenses 

Suite 70 

415.252.2581 



The regular meeting of the Art Commission' s ^Street Artists 
Program Committee scheduled for Wednesday,, May 8, 1996 has been 



cancelled 




The next meeting of the Street Artists Program Committee is 

scheduled as follows: 

Wednesday,^ June 12, 1996 

3:00 p.m. 

Art Commission Conference Room 

Suite 70 (basement area) 

25 Van Ness Avenue 

San Francisco. 

The primary topic on -the agenda /will be a discussion on plans 
for the 25th anniversary of the Street Artists Program. 







City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



S F 



A C 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

DPS Symphony Concerts 

Public Art 



SAN FRANCISCO ART COMMISSION 
*2 



STREET ARTISTS PROGRAM COMMITTEE 



? 



Wednesday, Ju ly 10, 19_i B> Hon i^r-*,,. 

3 : OOT^ ^"CUMENTS DEpr 



7//o/^C 



Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



JUH 2 7 J996 

SAN FRANCISCO 
PUBLIC LIBRARY 



« 



N 



street artists licenses Note : Public testimony is invited and shall be limited to three 
415252258° (3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARING AND POSSIBLE MOTION TO APPROVE CITY ATTORNEY DRAFT 
LEGISLATION PROVIDING FOR $25 NON-REFUNDABLE FEE FOR 
APPLICANTS FOR STREET ARTIST CERTIFICATION AND FOR FORMER 
CERTIFICATE-HOLDERS REQUESTING PRIORITY ISSUANCE OF CERTIF- 
ICATION, TO COVER THE ARTS COMMISSION'S COSTS OF ADMINISTER- 
ING THE STREET ARTIST APPLICATION/ EXAMINATION PROCESS 

II HEARING AND POSSIBLE MOTION TO APPROVE AGREEMENT WITH FILM 
COMMISSION FOR FILM COMPANIES AND PHOTOGRAPHERS TO COMPEN- 
SATE STREET ARTISTS PROGRAM $ 200 PER DAY PER STREET ARTIST 
SPACE USED OR ADVERSELY AFFECTED BY FILMING/ PHOTOGRAPHING 
ACTIVITY 

III HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 




^ity and County of 
San Francisco 



A. Farid Samara - Certificate # 4778. Alleged violation: Con- 
ducting business in a disorderly, improper or hazardous 
manner (spilling leather dye on sidewalk). (Hearing re- 
quested by Program Committee. ) 

B. Cheryl Chen - Certificate # 31AA. Alleged violation: Exceed- 
ing three-foot display width requirement (Ord. 41-83, Section 
2405(c)(1) and (2) ) on May 24, 30, and 31, 1996. 

C. Zhong Chen - Certificate § 4017. Alleged violations: (1) 
Displaying items (commercially manufactured pendants) not 
of the artist's own creation on May 24, 1996; and (2) ex- 
ceeding three-foot display width requirement (Ord. 41-83, 
Section 2405(c)(1) and (2) ) on May 24 and 31, 1996. 

HEARING ON PLANS FOR 25TH ANNIVERSARY OF STREET ARTISTS 
PROGRAM AND POSSIBLE MOTION TO NAME A CHAIR FOR SUBCOM- 
MITTEE TO PLAN THE EVENT 

REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - 7/10/96 Agenda Page 2 



PROGRAM 

VI PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

VII ADJOURNMENT 



ACCESSIBILITY INFORMATION 

♦Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with 
disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 25 
Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are held in 
Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and Franklin 

Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains—stopping at Van Ness and Market,' 

one-half block from the building. 

9, 26, and 42 Buses— serving the area of Van Ness and Market. 

Civic Ccuter HART, located at th« intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In order 
to assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accommodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252-2596 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations 
are open to the people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK 



a »n cr e a zt\tc 



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A C 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

DPS Symphony Concerts 

Public Art 



^AN FRANCISCO ART COMMISSION 

STREET ARTISTS PROGRAM COMMITTEE 

7/ ©/ft 



July 10, 1996 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



DOCUMENTS DEPT, 
JUL 31 1996 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Commissioners present: Emery Rogers, Rod Freebairn-Smith, 

Anthony Turney 



Street Artists Licenses 
Suite 70 

415.252.2581 commissioners absent 



Maria X. Martinez, Janice Mirikitani 




City and County of 
San Francisco 



Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

Commissioner Rogers, Chair, convened the meeting at 3:07 p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE CITY ATTORNEY DRAFT 
LEGISLATION PROVIDING FOR $25 NON-REFUNDABLE FEE FOR APPLI- 
CANTS FOR STREET ARTIST CERTIFICATION AND FOR FORMER 
CERTIFICATE-HOLDERS REQUESTING PRIORITY ISSUANCE OF CERTIF- 
ICATION, TO COVER THE ARTS COMMISSION'S COSTS OF ADMINISTER- 
ING THE STREET ARTIST APPLICATION/EXAMINATION PROCESS 

The Commissioners reviewed the draft legislation and noted, 
from the City Attorney's accompanying letter, that the 
purpose of the application fee would be to cover only the 
costs of the administration of the application/examination 
procedures - these are primarily the costs of staff time 
in notifying applicants, scheduling and attending the exam- 
inations, and the compensation for the Advisory Committee 
of Street Artists and Craftsmen Examiners. The application 
fees could not be used to finance the certification process 
or enforcement of the ordinance, nor could they result 
in a windfall to the Commission. 

Program Director Lazar reported that the City Attorney's 
office had clarified verbally that, in addition to paying 
the initial $25 fee, an applicant approved for certification 
would pay the full certification fee ($87.50 for a three- 
month certificate or $350 for a one-year certificate). 

Commissioner Freebairn-Smith stated that the amount of 
the fee added to the certificate fee seemed modest enough, 
and that no one attending the current and past meetings 
on the proposal had expressed that these amounts were 
punitive; the amounts did not seem to be prohibitive for 
anyone seriously seeking to become a street artist. 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 2 



Commissioner Freebairn-Smith moved that the City Attorney 
draft legislation providing for $25 non-refundable appli- 
cation fee be approved; the motion was seconded by Commis- 
sioner Turney and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE AGREEMENT WITH FILM 
COMMISSION FOR FILM COMPANIES AND PHOTOGRAPHERS TO 
COMPENSATE STREET ARTISTS PROGRAM $200 PER DAY PER STREET 
ARTIST SPACE USED OR ADVERSELY AFFECTED BY FILMING /PHOTO- 
GRAPHING ACTIVITY 

The Commissioners noted the points made in the Program 
Director's memo resulting from a meeting he and three 
street artists had with Director of Filming Robin Eickman, 
Film and Video Arts Commission, and two location directors. 
These points would be incorporated in an agreement, drafted 
by the City Attorney, between the Film and Video Arts 
Commission and the Street Artists Program. 

In summary, film companies and still photographers would 
compensate the Street Artists Program $200 per day per 
street artist space used or adversely affected by filming 
or photographing between the hours 10:00 a.m. - 10:00 p.m. 
Furthermore, if a film company were to request a street 
artist to remain in the space for which the film company 
has paid, the artist would not be prohibited from negotia- 
ting with the film company a fee for services as an "ex- 
tra" to be paid directly to the artist, independent of 
the fee paid to the Street Artists Program for the space. 

Director of Filming Eickman stated that this represented 
a solution to problems that have occasionally arisen when 
movie companies have displaced street artists from their 
spaces without prior notification to the Street Artists 
Program. 

Commissioner Rogers thanked Ms. Eickman for her cooperation. 

In response to a question by Commissioner Freebairn-Smith 
on student or low-budget filmmaking, Ms. Eickman said she 
would encourage low-budget filmmakers seeking to film in 
a street artist area to do their filming prior to 10:00 
a.m. (in keeping with the upcoming agreement). 

Commissioner Freebairn-Smith acknowledged that the big 
studio-type production whose cameras and mobile dressing 
rooms would obscure the street artists would be well able 
to afford the provisions of the agreement. 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 3 



In response to possible criticism that this could be another 
example of "increased government" for getting permission 
to do simple things, Ms. Eickman stated that she felt 
that ninety percent of the movie companies would be much 
happier knowing that artists would be given prior notice 
and compensation rather than a movie company showing up 
on location and having to face the issue of displacing 
street artists. 

Program Director Lazar stated that the issue of how the 
movie compensation is to be disbursed will be calendared 
for the Committee's next agenda. 

Street Artists Debra King, Ronnie Taylor, and Virginia 
Travers, who had participated in its negotiations, endorsed 
the upcoming agreement. 

Ms. Eickman said she will become more familiar with the 
maps of all the street artist locations so that she will 
be able to refer the film companies to Mr. Lazar when 
they are about to impact street artist spaces. 

Commissioner Freebairn-Smith moved that the agreement 
between the Street Artists Program and the Film and Video 
Arts Commmission for film companies and photographers to 
compensate the Street Artists Program $200 per day per 
street artist space used or adversely affected by filming/ 
photographing activity be approved; the motion was seconded 
by Commissioner Turney and unanimously approved. 

Ill HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Farid Samara - Certificate # 4778. Alleged violation: 

Conducting business in a disorderly, improper or hazardous 
manner (spilling leather dye on sidewalk). 

Program Director Lazar stated that at the Program Committee 
meeting of April 10th, upon receiving a complaint that 
Mr. Samara had spilled leather dye while selling on the 
sidewalk of the west side of Stockton Street at O'Farrell, 
the Committee requested that a hearing on the matter be 
held. Mr. Lazar submitted an invoice for cleanup supplies 
purchased by Mr. Samara which were used by Mr. Samara to 
clean the sidewalk. 

Certification Clerk Antoinette Worthy testified to the 
May 4th field inspection report she had written, stating 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 4 



that she had observed that the street artist section of 
the sidewalk had been cleaned and there were no leather 
dye stains. 

The Program Director stated that Mr. Samara took respons- 
ibility for his action and cleaned up the area himself. 

With Street Artist Virginia Travers translating for him, 
Mr. Samara submitted photos he took of the cleaned up area 
and stated that the sidewalk was now cleaner than before 
he ever sold there. He had spilled the dye which was on 
his table while he had attempted to chase a thief who had 
taken one of his belts. Now he keeps his dye inside a 
suitcase. He apologized for having spilled the dye, he 
would see to it that it would not happen again, and he 
was grateful for the opportunity to work in this country. 

Ms. Thuy Nguyen of 55 Stockton Street (the building adjacent 
to the space in which Mr. Samara had spilled the dye) sub- 
mitted photos taken, she said, on February 1st, May 22nd, 
and May 23rd, of the adjacent spaces in which, she stated, 
Mr. Samara had left scraps of leather after selling there. 
Ms. Nguyen stated that the photos were taken at 7 a.m. 
following the days Ms. Samara had occupied the space. She 
further stated that Mr. Samara does not place the dye 
inside his suitcase. The scraps of leather she felt were 
left by Mr. Samara because he has been the only leather 
craftsman she has seen using the spaces. 

Mr. Samara responded that when he finishes trimming belts 
for customers, he disposes all of the scraps. 

Street Artists Virginia Travers and Eunice Rodriguez stated 
that other artists, including leathercraf tsmen David Jones 
and David Mack, have sold in the spaces. 

Street Artist Ronnie Taylor stated that while he believes 
Mr. Samara cleans up after himself, he should be made to 
understand that he must pick up not just the major scraps 
but all the leather shavings as well. Street Artist Eunice 
Rodriguez stated that she sells at Justin Herman Plaza 
and always sweeps her area before and after she sells. 

Commissioner Turney stated that he was impressed by the 
fact that Mr. Samara had made effort to do clean up the 
dye and did so satisfactorily. As for the problem of 
leather scraps, he asked that it be made abundantly clear 
to Mr. Samara that he must thoroughly clean his space 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 5 



after using it. Viewing the photos submitted by Ms. 
Nguyen, the Commissioner stated that there did not appear 
a wholesale disregard of what a street artist's respons- 
ibilities are; therefore, a warning should be given. 

Commissioner Rogers verbally conveyed this warning to 
Mr. Samara; Ms. Travers translated it. 

Commissioner Freebairn-Smith told Ms. Nguyen that he wanted 
her property owners to know the level of concern the Commis- 
sion was expressing in this matter; in relation to other 
matters of City government, much attention was being given 
to a very small detail on a sidewalk. 

Commissioner Turney moved that Farid Samara be found to 
have violated the street artist ordinance by disorderly 
and improper conduct of business (spilling leather dye 
on sidewalk), and that Mr. Samara be warned that any future 
finding by the Art Commission of Mr. Samara's conducting 
business in a disorderly or improper manner will result 
in a suspension of his certificate; the motion was seconded 
by Commissioner Freebairn-Smith and unanimously approved. 

B. Cheryl Chen - Certificate § 3744. Alleged violation: Exceed- 
ing three-foot display width requirement (Ord. 41-83, Sec- 
tion 2405(c)(1) and (2) on May 24, 30, and 31, 1996. 

Program Director Lazar reported that at various times during 
the preceding year he had verbally told Ms. Chen that she 
was violating the three-foot display width requirement 
by extending display racks clamped with C-clamps to her 
tabletop. The racks made the display approximately 
three and a half feet wide and, more significantly, posed 
a safety problem as they extended into the pedestrian aisle- 
way, thus violating the requirement for ten feet of passage- 
way which street artists must provide. In addition, the 
use of the extended racks increased Ms. Chen's available 
display space, giving her a distinct advantage over all 
other artists in displaying small-scale items as jewelry. 

On April 26th, the Program Director found Ms. Chen in vio- 
lation again. According to his logbook, at 2:30 p.m. he 
"reminded her that" he "had asked her several times during 
the past year to retract the display racks and conform 
to regulation, that if she failed to comply," he "would 
notify her for a hearing to suspend her certificate. She 
said she would retract the racks right away. ... By the 
time" he "left the area at 5:00 p.m., the racks were 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 6 



still extended on her display." The Program Director sent 
her a written warning, on May 2nd, stating that any future 
observation of her exceeding the display width requirement 
would result in a hearing to suspend her certificate, and 
a possible suspension of three weeks. 

Thereafter, the Program Director observed and photographed 
Ms. Chen in three incidents of such violation: May 24th, 
30th, and 31st. (The Commissioners reviewed these photos 
and accompanying log reports.) With regard to the incident 
of May 24th, the Program Director told both Cheryl Chen 
and Zhong Chen - who was also found that day to be exceeding 
the width regulation with clamped-on racks - that the 
"photos would be used as evidence in a hearing in July 
to suspend their certificates for violating the display 
width-size regulation." The Program Director told the 
Commissioners that he had attempted to communicate verbally 
and in writing how the Chens were in ongoing violation 
and the consequences facing them. At one time he explained 
to them the reasons for the regulation. 

Nevertheless, on May 30th, just six days after the first 
photographed incident, the Program Director photographed 
Ms. Chen again in violation, extending over a foot. Just 
one day later, the Program Director photographed her again. 

Ms. Chen apologized to the Commissioners and said that 
she had not really understood the problem with the extensioi 
until another street artist very recently explained it 
to her. 

Commissioner Rogers stated that the Program Director had 
attempted to explain it to her four times and found it 
hard to believe that she had not understood. 

Ms. Chen stated that she thought she had to move her table. 

Street Artist Eunice Rodriguez testified that she sold 
next to Ms. Chen on February 28, 199 6, on Beach Street 
and asked her to retract "that bracelet bar, and she 
wouldn't do it." She told her that she was extending 
too far, by a foot. Ms. Rodriguez said she remembered 
the date because it was the last day she sold on Beach 
Street. 

Commissioner Turney verified with the Program Director 
that in an earlier incident (April 26th) Ms. Chen agreed 
to retract the extension, and did not. Also, this matter 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 7 



was also expressed in writing to her. While the richness 
of San Francisco includes, he said, artists who may have 
difficulty with English, there is also some responsiblity 
on the artist to ensure that they understand or find a 
way of understanding the communications of the Art Commis- 
sion. 

Commissioner Freebairn-Smith noted that over the long dura- 
tion of incidents, Ms. Chen had time to get help in under- 
standing the regulation. 

Ms. Chen said she wanted to do right and said, "I guarantee 
no more next time." She added that she never received 
the warning letter. 

Commissioner Rogers stated that he believed the Program 
Director made every effort to communicate the problem to 
Ms. Chen, but Ms. Chen continued in violation. He did not 
believe the Program Director had just talked to her about 
what needed to be done but had shown her. 

Commissioner Turney moved that Cheryl Chen be found in 
violation of the street artist ordinance by exceeding the 
display width requirement (Section 2405(c)(1) and (2) ), 
and that Ms. Chen's certificate be suspended for three 
weeks; the motion was seconded by Commissioner Freebairn- 
Smith and unanimously approved. 

C. Zhong Chen - Certificate # 4017. Alleged violations: (1) 
Displaying items (commercially manufactured pendants) not 
of the artist's own creation on May 24, 1996; and (2) ex- 
ceeding three-foot display width requirement (Ord. 41-83, 
Section 2405(c)(1) and (2) ) on May 24 and 31, 1996. 

Program Director Lazar stated that he wished to withdraw 
the charge of displaying items not of the artist's own 
creation because the photos he had taken were not strong 
evidence. 

With regard to the second charge, the Program Director 
reported that, as in the case of Cheryl Chen, he had on 
several occasions during the past year verbally requested 
Mr. Chen to stop exceeding the display width regulation 
with his use of display racks C-clamped to his tabletop. 
On April 26, 1996, the same day he had verbally warned 
Cheryl Chen, the Program Director found Mr. Chen with 
"display rack/armatures attached to his tabletop with C- 
clamps and extending forward about six inches beyond the 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 8 



three-foot width requirement" (according to the Program 
Director's logbook). He sent Mr. Chen a warning letter 
(separate from the one sent to Cheryl Chen) on May 2nd, 
advising him to refrain from extending his display with 
C-clamps and making it in violation or face a possible 
suspension of three weeks. 

On May 24th he photographed both Zhong Chen and Cheryl 
Chen in violation of the width requirement and (according 
to the log entry) "told both" artists "that these photos 
would be used as evidence in a hearing in July to suspend 
their certificates for violating the display width-size 
regulation. " 

On May 31st, seven days later, he photographed both again 
in violation. In this incident, Mr. Chen "asked" the 
Program Director "what the problem was;" he "told him he 
was again in violation of the width size regulation." 

The Commissioners reviewed the photos. With regard to 
the May 31st incident, the Program Director pointed out 
that Mr. Chen was set up on Jefferson Street, a narrow 
sidewalk, whereby Mr. Chen's extended racks could have 
posed a safety problem. Furthermore, Jefferson Street 
is under the control of the Port Commission which only 
recently voted to allow street artists to sell in spaces 
that were marked by Mr. Lazar and the Port personnel in 
strict accord with the 3' x 4' space regulations: the con- 
dition under which the Port granted the spaces is that 
the artists abide strictly to all street artist regulations, 
especially those governing size of display, and that these 
be strongly enforced by the Art Commission. 

Mr. Chen denied that the Program Director told him what 
the problem was when he asked him. He also stated that 
he did not receive the warning letter. 

Commissioner Rogers stated that it appeared that the Program 
Director was trying to communicate to Mr. Chen that 
"something is very wrong"; the Commissioner could not 
"believe that over and over again" Mr. Chen "would misunder- 
stand him." Aside from this, it was very clear how big 
an artisf's booth is supposed to be. The Commissioner 
said that he found it hard to believe that Mr. Chen did 
not understand what the problem was, that the Program 
Director had communicated adequately the problem, and that 
Mr. Chen did not respond, did not correct the problem. 
The Commissioner added that the Program Director, over 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 9 



a year, gave Mr. Chen ample opportunity to correct the 
problem, but Mr. Chen did not do so. 

Commissioner Freebairn-Smith stated that he felt both Cheryl 
and Zhong Chen understood clearly that what they were doing 
was a clear violation of the rules and that it was not 
necessary to discuss how the Program Director handled these 
violations. The evidence, he said, showed clearly the type 
of violation. 

Street Artist Leah Mazor stated that there are many Chinese 
artists in the Program who speak perfect English and under- 
stand the rules; if the Chens did not understand what the 
Program Director was telling them, they could have gone 
to any of these people for a translation. 

Commissioner Turney stated that he believed the integrity 
of the Program rests on the willingness of the street 
artists to comply with the regulations; if they do not, 
they, in the end, will lose their Program. Therefore, 
as long as he is on the Committee, he will push for very 
strict - though compassionate - interpretation of the 
regulations, because in the long run the artists will 
benefit from this. His interest, he said, was in retain- 
ing the Program, not having it sabotaged or giving those 
who do not agree with this kind of Program further ammun- 
ition to try to destroy it-. Therefore, "it's about self- 
regulation. " 

Commissioner Turney moved that Zhong Chen be found in viola- 
tion of the street artist ordinance by exceeding the display 
width requirement (Section 2405(c)(1) and (2) ), that Zhong 
Chen's certificate be suspended for three weeks, and that 
Zhong Chen's and Cheryl Chen's suspensions be served consec- 
utively (not concurrently); the motion was seconded by 
Commissioner Freebairn-Smith and unanimously approved. 

Ms. Cheryl Chen requested that Zhong Chen's suspension 
precede hers. This would mean that Zhong Chen's suspension 
would be from August 5 to 25, and Cheryl Chen's suspension 
would be from August 26 to September 15. 

Commissioner Freebairn-Smith moved that Zong Chen's certif- 
cate suspension period terminate immediately before the 
suspension period of Cheryl Chen's certificate (that Cheryl 
Chen's certificate suspension period commence immediately 
after Zhong Chen's suspension period); the motion was 
seconded by Commissioner Rogers, and the vote was as fol- 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 10 



lows: Ayes - Freebairn-Smith, Rogers; No - Turney. 



IV HEARING ON PLANS FOR 25TH ANNIVERSARY OF STREET ARTISTS 
PROGRAM AND POSSIBLE MOTION TO NAME A CHAIR FOR SUBCOM- 
MITTEE TO PLAN THE EVENT 

Commissioner Rogers stated he wanted to see a subcommittee 
formed to plan the Program's 25th anniversary, to be liaison 
with Program Director Lazar and therefore with the street 
artists. 

Director of Cultural Affairs Newirth stated that this is 
really a momentious occasion, and he felt that the 
Commission should have a big celebration, not just a one- 
day event but an entire month of celebration of the Street 
Artists Program. The Commission should see about either 
paying for the celebration or approaching companies sup- 
portive of the Commission, to see if they would donate 
space or posters, as was done for the 25th anniversary 
of the Community Cultural Centers, and to see if posters 
about the Street Artists Program could be donated for 
the kiosks and bus shelters. 

In reference to a plan for a show of street artists works 
in the Commission's Gallery (as one event of the celebra- 
tion), Gallery Director Rupert Jenkins responded to 
questions from the Commissioners. Mr. Jenkins stated 
that he was favorable to doing a two-week exhibition for 
mid- July, 1997, or six weeks earlier or later, as depending 
on the Gallery's schedule of shows. He envisioned a show 
that would reflect the diversity of the street artists, 
works of 20 - 40 artists selected by outside jurors. He 
proposed that non-cash recognition awards be given, as 
Walnut Creek had presented a "Mayor's Award" - various 
departmental personnel had been invited to select pieces 
to award. The Commission could also do a street artist 
fashion show as a fundraiser, augmented by an auction 
and by publicity T-shirts. 

Mr. Jenkins said he did not have the budget to support 
such a show; the Street Artists Program would have to 
bear the costs of publicity - approximately $1,350 in 
printing and mailing. The street artists would not have 
to pay rent for the Gallery. If there were sales, the 
Gallery would get a commission of 25%. The Gallery could 
provide people to do the installing of the works. 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1996 Page 11 



Street Artist Mike Granatt stated that the Commission should 
consider using funds it will receive from the film companies 
(as compensation for displacing street artist spaces) to 
help cover the costs of publicity for the celebration. 

Program Director Lazar reported that he had found out from 
the Department of Parking and Traffic that the application 
fee (submitted to DPT) for closing Beach Street, Hyde to 
Larkin, is $80, that such closure would have to be reviewed 
in public hearing by the IDPSCOT Committee, that the Street 
Artists Program should go door-to-door to the merchants 
on the block informing them of the proposal for closure, 
that other separate fees are involved for amplified music, 
food, cooking, banners, etc., and that $1 million liability 
insurance must be obtained through the City Risk Manager. 

Commissioner Rogers stated that one of the first orders 
of business will be to decide on the date of the 
celebration. He reported that the Commission's President 
has already approached Mayor Brown with this and has 
received a directive to make it a grand event. Commis- 
sioner Rogers added that he wanted to see a Mayoral proc- 
lamation designating "street artists month" and that the 
artists should sell at the celebration. 

Street Artists Leah Mazor and Bill Clark proposed that 
the Program apply to the Recreation-Park Department for 
a permit to use Justin Herman Plaza for one weekend as 
part of the event (one weekend the Program could celebrate 
at the Plaza and another weekend on Beach Street). 

Commissioner Freebairn-Smith moved that Commissioner Turney 
be appointed as Chair of the Subcommittee to Plan the 25th 
Anniversary Celebration of the Street Artists Program; 
the motion was seconded by Commissioner Rogers and unan- 
imously approved. 

As Commissioner Turney had to leave, Commissioner Freebairn- 
Smith moved to adjourn the meeting; the motion was seconded 
by Commissioner Turney and unanimously approved. The meeting 
adjourned at 5:06 p.m. 



Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



S F 



A C 



PROGRAMS 



SAN FRANCISCO^RT COMMISSION 

SF 



v/m/k 



DOCUMENTS DEPT. 

m - 7 /996 



Civic Art Collection . i 

Civic Design Review £ O^^C«-\ -*-<A 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

OPS Symphony Concerts 

Public Art 



NOTICE OF CANCELLATION OF MEETING 



SANFR ANC|SC0 
PU BL/C LIBRARY 



* 



Street Artists Licenses 
Suite 70 



The regular meeting of the Art Commission's Street Artists 



415.252. 2S8i Program Committee scheduled for Wednesday n August 14 , 1996 has 
been cancelled, 



The next meeting of the Street Artists Program Committee 
is scheduled as follows: 

Wednesday, September 11, 1996 

3 : 00 p.m. 

Art Commission Conference Room 

Suite 70 (basement area) 

25 Van Ness Avenue 

San Francisco. 




City and County of 
San Francisco 



■)<; Vam Mere A\/c Suite Tirt Sam F»»wncrn C A 94109 Tfl 4 15 7 5 7 7 5 9 FAX 415.252.2595 



S F 



A C 



SAN FRANCISCO ART COMMISSION 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

DPS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

415.252.2581 

If 

\no.i5 

V 



NOTE: 



NEW DATE OF 
MEETING 




STREET ARTISTS PROGRAM COMMITTEE 



Friday, ^September 20. 1 996 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT. 
SEP 1 8 1996 

SAN FRANCISCO 
PUBLIC LIBRARY 



A 



N 



'SLc/qt, 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
WINTER HOLIDAY SELLING SPACES FOR STREET ARTISTS IN THE 
DOWNTOWN AREA AND AT HARVEY MILK PLAZA, FOR NOVEMBER 15, 
1996 - JANUARY 15, 1997 

(The Program Director proposes the same 52 temporary selling 
spaces in the Downtown area as had been designated for 
the last four winter holiday seasons and the same 7 spaces 
at Harvey Milk Plaza as had been approved the last winter 
holiday season and the winter season of 1992-93 - and the 
same time period as had been approved for the last six 
years. ) 

II HEARING AND POSSIBLE MOTION TO ENDORSE PROGRAM DIRECTOR'S 
IMPLEMENTATION OF PROVISION IN SECTION 5 OF PROPOSITION 
"L" (STREET ARTIST ORDINANCE) OF NOVEMBER, 1975 ELECTION 
WHEREBY A CERTIFICATE SHALL NOT BE ISSUED (OR RENEWED) 

IF CHARGES OF DECEPTION RESORTED TO IN OBTAINING THE CERT- 
IFICATE, OR ANY OTHER VIOLATION OF THE APPLICABLE PROVISIONS 
OF THE SAN FRANCISCO MUNICIPAL CODE, HAVE BEEN FILED WITH 
THE ART COMMISSION 



III HEARING AND POSSIBLE MOTION TO APPROVE CITY ATTORNEY DRAFT 

LEGISLATION TO REIMBURSE THE ART COMMISSION'S STREET ARTISTS 
PROGRAM FOR ITS COSTS OF ENFORCING THE STREET ARTIST 
ORDINANCE IN PART FROM FINES COLLECTED FOR VIOLATIONS OF 
THE STREET ARTIST ORDINANCE 




) 



City and County of 
San Francisco 



IV HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL SUBMITTED 
BY STREET ARTIST VIRGINIA TRAVERS FOR DISTRIBUTION OF 
COMPENSATION COLLECTED BY STREET ARTISTS PROGRAM FROM 
FILM COMPANIES AND PHOTOGRAPHERS FOR STREET ARTIST SPACE 
USED OR ADVERSELY AFFECTED BY FILMING/ PHOTOGRAPHING 

(Proposal is to put such used or adversely affected spaces 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - 9/20/96 Agenda Page 2 

into the regular street artist spaces lottery of the day 
the spaces are used or adversely affected; artists "signing 
in" for such spaces may not use them but will receive $200 
from the Street Artists Program within three weeks (the 
amount of compensation per space to be received by the 
Program from film companies /photographers ) ; any compensation 
leftover from used/adversely affected spaces not selected 
in the lottery may be saved by the Program for various 
usages - e.g., an emergency fund for artists with heavy 
medical, funeral, or burial expenses.) 

V REQUEST BY APPLICANT FOR WAIVER OF 15 -DAY POLICY IN OBTAIN- 
ING CERTIFICATE 

A. Valeree Turner - approved by Advisory Committee of Street 
Artists and Craftsmen Examiners on February 29, 1996; 
request received from Ms. Turner on March 8, 1996 for 
postponement of certification until October, 1996. ' 

VI HEARING ON REQUEST BY KRISTINE MAR AND MURRAY ARTHERTON 

TO APPEAL AUGUST 29, 1996 RECOMMENDATION BY ADVISORY COMMIT- 
TEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO NOT CERTIFY 
MS. MAR AND MR. ARTHERTON FOR "ART PINS", AND POSSIBLE 
MOTION TO APPROVE OR DISAPPROVE ADVISORY COMMITTEE 
RECOMMENDATION 

VII PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VIII PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

IX ADJOURNMENT 



ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with 
disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 25 
Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are held in 
Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and Franklin 
Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains—stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses— serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In order 
to assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accommodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252-2596 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations 
are open to the people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK 
FORCE AT 554-6075. 



c 



( 



S F 



A C 



SAN FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

)PS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

415.252.2581 



September 20, 1996 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



DOCUMENTS D€f>T. 

OCT - 8 1996 

SAN FR&NOISCO 
PUBLIC LIBRARY 



M 



N U 



Commissioners present: Emery Rogers, Rod Freebairn-Smith, 

Anthony Turney 



Commissioner absent: 



Maria X. Martinez 



/ 




City and County of 
San Francisco 



Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

Commissioner Rogers, Chair, convened the meeting at 3:35 p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
WINTER HOLIDAY SELLING SPACES FOR STREET ARTISTS IN THE 
DOWNTOWN AREA AND AT HARVEY MILK PLAZA FOR NOVEMBER 15, 
1996 - JANUARY 15, 1997 

Program Director Lazar submitted his proposal for the same 
52 temporary selling spaces in the Downtown area as had 
been designated for the last four winter holiday seasons 
and the same 7 spaces at Harvey Milk Plaza as had been 
approved for the last winter holiday season and the winter 
season of 1992-93, their designation for the same time 
period as had been approved for the last six years. This 
will be the 15th consecutive year that the Art Commission 
will be requesting winter holiday spaces - additional to 
the year-round spaces - on behalf of the street artists. 

Ms. Ann Paolini, Vice President and General Manager of 
Neiman Marcus, 150 Stockton Street, told the Commissioners 
that her store entered into a partnership with Disney and, 
for this winter, will have Disney-animated windows which 
will attract crowds. In anticipation of this, her store 
intends to place stanchions and crowd controllers on the 
Stockton Street sidewalk which, with the presence of the 
street artists, could create a gridlock. Therefore, for 
this winter holiday season, Ms. Paolini proposed that the 
artists be relocated elsewhere. 

Street Artist Bill Clark urged the Commissioners to endorse 
the Program Director's proposal as is which would still 
allow the artists opportunity to search for optional spaces; 
if optional spaces cannot be found, it would be left up 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - September 20, 1996 Page 2 



to the Board of Supervisors to say "yes" or "no" to the 
spaces outside of Neiman Marcus. 

Street Artists Maria Hillius and Larry Rosenbloom clarified 
that the holiday spaces outside of Neiman Marcus are four 
and have traditionally been the best four spaces in the 
Downtown proposal. Also, they have always been located 
between the tree planters and therefore have not interfered 
with the pedestrian traffic flow. They asked the Commis- 
sioners to support the proposal as is. 

Director of Cultural Affairs Richard Newirth clarified 
that, in the past, when there has been a question on whether 
a proposed street artist space would impact the public 
safety, it has been a matter for the Board of Supervisors 
to decide. 

Commissioner Turney expressed concern over the possibility 
of street artists being displaced by a store's plans. 

Street Artist Kathy Hallinan proposed that the Program 
Director meet with Ms. Paolini to discuss the spaces and 
the stanchions. 

Ms. Paolini suggested that the four spaces be relocated 
across the street (near Macy ' s ) . This was supported by 
Street Artist Virginia Burris. 

Commissioner Turney moved to approve the proposal by the 
Program Director for Board of Supervisors designation of 
temporary winter holiday selling spaces for street artists 
in the Downtown area and at Harvey Milk Plaza for November 
15, 1996 - January 15, 1997; the motion was seconded by 
Commissioner Freebairn-Smith and unanimoously approved. 

Commissioner Turney moved to authorize the Program Director 
to work with representatives of Neiman Marcus and Macy's 
and three street artists in exploring a solution to the 
possible congestion problem of 4 winter holiday spaces 
and crowd-control stanchions in front of Neiman Marcus 
windows on Stockton Street, east side, at Geary Street; 
the motion was seconded by Commissioner Freebairn-Smith 
and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO ENDORSE PROGRAM DIRECTOR'S 
IMPLEMENTATION OF PROVISION IN SECTION 5 OF PROPOSITION 
"L" (STREET ARTIST ORDINANCE) OF NOVEMBER 4, 1975 ELECTION 
WHEREBY A CERTIFICATE SHALL NOT BE ISSUED (OR RENEWED) 



STREET ARTISTS PROGRAM COMMITTEE - September 20, 1996 Page 3 



IF CHARGES OF DECEPTION RESORTED TO IN OBTAINING THE CERTIF- 
ICATE, OR ANY OTHER VIOLATION OF THE APPLICABLE PROVISIONS 
OF THE SAN FRANCISCO MUNICIPAL CODE, HAVE BEEN FILED WITH 
THE ART COMMISSION 

The Program Director stated that the Deputy City Attorney 
assigned to the Art Commission clarified that, under the 
existing street artist ordinance, the Program Director, 
on behalf of the Commission's Executive Director, has the 
authority to refuse to issue or renew a street artist 
certificate if a report has been filed of the artist's 
having committed any violation of the street artist 
ordinance - e.g., selling an item not certified by the 
Commission, selling in an illegal location, selling with 
an oversized display, etc. The Program Director outlined 
his proposal of a step-by-step procedure of receiving a 
complaint, issuing a warning to the artist, receiving 
another complaint, issuing a notice that the Program Dir- 
ector will refuse to renew the artist's certificate, the 
artist having a meeting with the Program Director to review 
the complaints, the Program Director's consideration of 
authorizing renewal of the certificate, the Program Commit- 
tee's hearing the artist's appeal of denial of renewal, 
and the Board of Permit Appeals ' hearing of the Program 
Committee's decision to deny renewal. Program Director 
Lazar asked that the Commission endorse his implementation 
of the authority so provided in the ordinance, and stated 
that he would send an announcement of the procedure to 
all 430 artists in the Program. 

The following street artists spoke against the Program 
Director's exercising this authority: Dolores Kalom, 
Virginia Burris, Robert Siu, Larry Rosenbloom, Kathy Hal- 
linan, Keith Hillius, Maria Hillius. 

The following street artists spoke for the Program Dir- 
ector's exercising this authority: Bill Clark, George Shuey, 
Viva Amzil, Martin Taber. In addition, former street artist 
John Bass spoke for it. 

Commissioner Freebairn-Smith suggested a three-month trial 
period for the procedure. This was endorsed by Commissioner 
Rogers who stated that he wanted to see strengthened the 
staff's ability to enforce problem areas of the Program 
and that, since authority for this was already provided 
in the ordinance, he would vote to endorse the procedure. 

Commissioner Turney stated that he wanted to see the Program 



STREET ARTISTS PROGRAM COMMITTEE - September 20, 1996 Page 4 



strengthened by enforcement of the rules, and that he wanted 
to see the proposed procedure in writing and widely 
disseminated among the artists. 

Commissioner Turney moved to approve the Program Director's 
recommendation to implement the provision in Section 5 
of Proposition "L" (Street Artist Ordinance) on November 
4, 1975 election whereby a street artist certificate shall 
not be issued (or renewed) if charges of deception resorted 
to in obtaining the certificate, or any other violation 
of the applicable provisions of the San Francisco Municipal 
Code, have been filed with the Art Commission; and moved 
with requests that criteria and guidelines for such imple- 
mentation be carefully drafted and made widely available 
and that staff report to the Art Commission at a public 
hearing in six (6) months as to the impact of this chanqe 
in enforcement of the Street Artist Ordinance; the motion 
was seconded by Commissioner Freebairn-Smith and unanimously 
approved. 

Ill HEARING ON REQUEST BY KRISTINE MAR AND MURRAY ARTHERTON 

TO APPEAL AUGUST 29, 1996 RECOMMENDATION BY ADVISORY COM- 
MITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO NOT 
CERTIFY MS. MAR AND MR. ARTHERTON FOR "ART PINS", AND POS- 
SIBLE MOTION TO APPROVE OR DISAPPROVE ADVISORY COMMITTEE 
RECOMMENDATION 

Advisory Committee Member Susan Tibbon stated her Commit- 
tee's position that, while the "art pins" evidenced a high 
standard of craftsmanship, the pins did not fall within 
the Program's guidelines - specifically, that for elements 
not made by the street artist to be the primary focus of 
the artist's artwork, they must be significantly altered 
by the artist. The Advisory Committee disapproved Ms. 
Mar and Mr. Artherton's pins because the dominant or primary 
focus of the pins were non-altered reproductions of famous 
18th, 19th, and 20th century paintings. 

Attorney Laura Woodward, representing Ms. Mar and Mr. 
Artherton (also in attendance), referred to her letter 
of August 30th to the Program Director in which she put 
forth the argument that her clients' cutting up of the 
postcards of public domain artworks into irreqular shapes 
and mounting them constituted significant alteration "since 
the oriqinal postcard is now unrecognizable" and met with 
the requirements for "handcrafted item" contained in Section 
2401(b) of the Street Artist Ordinance. 



STREET ARTISTS PROGRAM COMMITTEE - September 20, 1996 Page 5 



Street Artist Virginia Travers spoke in support of Ms. 
Mar and Mr. Artherton as having significantly altered the 
images. 

Advisory Committee Member Josie Grant described the history 
of her Committee's denial of items whose predominant focal 
element was not altered by the artist. When her Committee 
first examined Ms. Mar and Mr. Artherton' s pins, the Commit- 
tee did not approve them but suggested that the two artists 
make them into more of an "assemblage" and submit them 
for consideration. The Advisory Committee found the artists 
nevertheless selling the pins on their table and refusing 
to remove them when so asked by the Committee. 

The Commissioners examined the items in question and 
discussed their inherent "creative expression": the 
aesthetic judgment the artists' make in selecting what 
is to be used and what is to be left behind when they 
cut up the reproductions and when they shape the piece. 

Commissioner Turney moved to disapprove the recommendation 
by the Advisory Committee of Street Artists and Craftsmen 
Examiners to not certify Kristine Mar and Murray Artherton 
for "art pins"; the motion was seconded by Commissioner 
Freebairn-Smith and unanimously approved. 

Commissioner Rogers admonished Ms. Mar and Mr. Artherton 
to be more respectful of the Art Commission and to not 
sell any item from their table which has not been approved. 

IV HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY APPLICANT 
FOR WAIVER OF 15-DAY POLICY IN OBTAINING CERTIFICATE 

Valeree Turner - approved by Advisory Committee of Street 
Artists and Craftsmen Examiners on February 29, 1996; re- 
quest received by Program from Ms. Turner on March 8, 1996 
for postponement of certification until October, 1996. 
Commissioner Freebairn-Smith moved to approve the request 
by applicant Valeree Turner for waiver of the 15-day policy 
in obtaininq a certificate; the motion was seconded by 
Commissioner Turney and unanimously approved. 

V HEARING AND POSSIBLE MOTION TO APPROVE CITY ATTORNEY DRAFT 
LEGISLATION TO REIMBURSE THE ART COMMISSION'S STREET ARTISTS 
PROGRAM FOR ITS COSTS OF ENFORCING THE STREET ARTIST 
ORDINANCE IN PART FROM FINES COLLECTED FOR VIOLATIONS OF 
THE STREET ARTIST ORDINANCE 



STREET ARTISTS PROGRAM COMMITTEE - September 20, 1996 Page 6 



The Commissioners acknowledged receivinq a copy of the 
legislative draft which would implement their support, 
as expressed on February 14, 1996, of the Proqram Director's 
pursuit of reimbursement out of collected fines imposed 
by Police officers hired by the Program to enforce the 
ordinance against unlicensed vendors. 

Commissioner Turney moved to approve the City Attorney 
draft legislation to reimburse the Art Commission's Street 
Artists Program for its costs of enforcing the Street Artist 
Ordinance in part from fines collected for violations of 
the Street Artist Ordinance; the motion was seconded by 
Commissioner Freebairn-Smith and unanimously approved. 

VI HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL SUBMITTED 
BY STREET ARTIST VIRGINIA TRAVERS FOR DISTRIBUTION OF 
COMPENSATION COLLECTED BY STREET ARTISTS PROGRAM FROM FILM 
COMPANIES AND PHOTOGRAPHERS FOR STREET ARTIST SPACE USED 
OR ADVERSELY AFFECTED BY FILMING/ PHOTOGRAPHING 

Commissioner Rogers stated that the item would be continued 
to the next Program Committee meetinq. 

Commissioner Turney moved to adjourn the meeting; the motion 
was seconded by Commissioner Freebairn-Smith and unanimously 
approved. 

The meeting adjourned at 6:08 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Proqram 



S F 



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PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 



Cultural Eqjj 

Gallery 
)PS Symphony Concerts 
Public Art 



SAN FRANCISCO ART COMMISSION 



PHOTS' 
*2 



DOCUMENTS DEPT. 
OCT 7 1996 

SAN FRANCISCO 
PUBLIC LIBRARY 



& Education , , I NOTICE OF CANCELLATION OF MEETING 

l Equity Grants L^O-^C il -ts\ 

The regular meeting of the Art Commission's Street Artists 
Program Committee scheduled for Wednesday, October 9, 1996 has 



Street Artists Licenses 
Suite 70 

415.252.2581 been cancelled. 



The next meeting of the Street Artists Program Committee 
is scheduled as follows: 

Wednesday, November 13, 1996 

3:00 p.m. 

Art Commission Conference Room 

Suite 70 (basement area) 

25 Van Ness Avenue 

San Francisco. 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



^Ltl 



S F 



A C 



SAN 

V 



FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



N^ 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Eqliity Grants 

Gallery 

'OPS Symphony Concerts 

Public Art 



Wednesday, November 13, 1996 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT. 

NOV 6 1996 

SAN FRANCISCO 
PUBLIC LIBRARY 



W x 



A 



N D 



Street Artists Licenses 

Suite 70 

415.252.2581 



Alti .7" 5 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
DRAFT CRITERIA AND GUIDELINES, AS APPROVED BY CITY ATTORNEY, 
FOR IMPLEMENTING PROVISION IN SECTION 5 OF PROPOSITION 
"L" (STREET ARTIST ORDINANCE) OF NOVEMBER, 1975 ELECTION 
WHEREBY A CERTIFICATE SHALL NOT BE ISSUED (OR RENEWED) 
IF CHARGES OF DECEPTION RESORTED TO IN OBTAINING THE CERT- 
IFICATE, OR ANY OTHER VIOLATION OF THE APPLICABLE PROVISIONS 
OF THE SAN FRANCISCO MUNICIPAL CODE, HAVE BEEN FILED WITH 
THE ART COMMISSION; SUCH CRITERIA AND GUIDELINES TO BE 
MADE WIDELY AVAILABLE AND THAT STAFF REPORT TO ART 
COMMISSION AT A PUBLIC HEARING IN SIX (6) MONTHS AS TO 
THE IMPACT OF THIS CHANGE IN ENFORCEMENT OF THE STREET 
ARTIST ORDINANCE 




II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 

Hubert Emerseon Ortis - Certificate # 4656. Alleged 
violation: Conducting business in a disorderly, improper 
or hazardous manner (threatening and verbally abusing 
a Parking Control Officer and verbally abusing Police 
Officers on July 18, 1996, 700 block of Beach Street). 

III HEARING ON PROPOSALS, INCLUDING BUT NOT LIMITED TO THE 
FOLLOWING PROPOSALS, FOR USAGE OF COMPENSATION COLLECTED 
BY STREET ARTISTS PROGRAM FROM FILM COMPANIES AND PHOTO- 
GRAPHERS FOR STREET ARTIST SPACE USED OR ADVERSELY AFFECTED 
BY FILMING /PHOTOGRAPHING; POSSIBLE MOTION TO APPROVE A 
PROPOSAL FOR USAGE OF SUCH COMPENSATION 

A. Proposal to rebate, or divide the accumulated compensa- 
tion, at the end of the year among all street artists 
in the Program. 



City 






and County of 
San Francisco 



Continued, 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 AGENDA 

Page 2 



B. Proposal. to put such used or adversely affected spaces 
into the regular street artist spaces lottery of the 
day the spaces are used or adversely affected; artists 
"signing in" for such spaces may not use them but will 
receive $200 from the Program within three weeks (the 
amount of compensation per space to be received by the 
Program from film companies /photographers ); any compensa- 
tion leftover from used/adversely affected spaces not 
selected in the lottery may be saved by the Program 

for an emergency fund for artists -with large medical, 
funeral, or burial expenses. 

C. Proposal to supplement the Program's certificate fee 
revenue with such accumulated compensation in order 
to offset a possible fee increase the following year 

due to increased Program costs; or, conversely, to factor 
in such compensation with the fee revenue in order to 
lower, if possible, the fee for the following year. 

VII PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VIII PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

IX ADJOURNMENT 



c 



A CCESSIBILITY IN FORMA TION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 
Americans with Disabilities Act, all City agencies will make reasonable accommodations to 
the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the coiner of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue 
and Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains— stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or 
related disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting 
accessibility. In order to assist the city's efforts to accommodate such people, attendees at 
public meetings are reminded that other attendees may be sensitive to various chemical based 
products. Please help the city to accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available 
upon request at meetings. Please contact Liz Lerma in the Community Arts and Education 
Program at (415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if 
possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations are 
open to the people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK FORCE 
AT 554-6075. 






S F 



AC 



SAN FRANCISCO ART COMMISSION 



PROGRAMS 

I ivic Art Collection 

2ivic Design Review 

Community Arts 

& Education 

i'ural Equity Grants 

Gallery 

I Symphony Concerts 

Public Art 



STREET ARTISTS PROGRAM COMMITTEE 

j jgyember 13, 1996 D °CtJMF NT S DEPT. 
Art Commission Conference Room 
25 Van Ness Avenue, Suite 70 
San Francisco, California 



Jt I N U T 



DEC 5 1996 

SAN FRANC'S "O 
PUBLIC LIBRARy 



Commissioners present: 



uet Artists Licenses _ . . 

suite 70 Commissioner absent: 

415. 2S2. 2581 



Emery Rogers, Rod Freebairn-Smith 
Dede Wilsey 



Staff present: 



C7^ 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 



(3 



/ft 




City and County of 
San Francisco 



Commissioner Rogers, Chair, called the meeting to order at 3:12 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 

DRAFT CRITERIA AND GUIDELINES, AS APPROVED BY CITY ATTORNEY, 
FOR IMPLEMENTING PROVISION IN SECTION 5 OF PROPOSITION "L" 
(STREET ARTIST ORDINANCE) OF NOVEMBER, 1975 ELECTION WHEREBY 
A CERTIFICATE SHALL NOT BE ISSUED (OR RENEWED) IF CHARGES 
OF DECEPTION RESORTED TO IN OBTAINING THE CERTIFICATE, OR 
ANY OTHER VIOLATION OF THE APPLICABLE PROVISIONS OF THE 
SAN FRANCISCO MUNICIPAL CODE, HAVE BEEN FILED WITH THE ART 
COMMISSION; SUCH CRITERIA AND GUIDELINES TO BE MADE WIDELY 
AVAILABLE AND THAT STAFF REPORT TO ART COMMISSION AT A PUBLIC 
HEARING IN SIX (6) MONTHS AS TO THE IMPACT OF THIS CHANGE 
IN ENFORCEMENT OF THE STREET ARTIST ORDINANCE 

Commissioner Rogers stated that after his Committee held 
a hearing on this item, it was submitted to the full Art 
Commission whereupon it was pulled from the agenda for 
further legal review. After meeting with the City Attorney, 
a second draft for implementing the Section 5 provision 
was prepared for the current hearing. The Commissioner 
commented that he did not see as many people in attendance 
as he had expected. He asked the Program Director to give 
a brief summary of the Commission's consideration of the 
item. 

In his summary, Program Director Lazar commented that the 
draft represented the language of the City Attorney. In 
addition, the City Attorney's office, in meeting with staff, 
had again corroborated that Section 5 pertains to certificate 
renewals as well as first issuances of certificate: the act 
of renewing a certificate is an issuance of the certificate. 
Therefore, as was clarified, the Art Commission has the 
right to warn and to carry out a denial of renewal pending 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 13 , 1996 Page 2 



final decision from a hearing conducted by the Program 
Committee, such decision being subject to appeal by the 
Board of Permit Appeals. 

The Program Director stated that the provisions of Section 
5 had been in existence for twenty-one years, and that the 
proposed implementation would not remove anything from the 
Program Committee's current hearing procedure but would 
be adding to it. 

Director of Cultural Affairs Newirth stated that, with the 
proposed procedure, a street artist whose certificate expires 
prior to Committee hearing would not be able to operate 
before the hearing, for the artist will not receive an 
interim certificate. The City Attorney has clarified that 
this is analogous to any situation where someone is applying 
for a license and there is a dispute: the license is not 
issued until a final determination is made by the body that 
hears the dispute. In this case, the body is the Program 
Committee. 

The Director further stated that Mr. Lazar and he had talked 
about the many built-in street artist protections in the 
proposed procedure in terms of the provisions for warnings, 
the quality of evidence received, the Director and Program 
Director having to agree on any denial of certification 
pending Committee hearing, one of the artist's three 
violations having to be observed by staff or Police prior 
to issuance of the "Notice of Withholding of Certificate 
or Renewal Pending Hearing" - all of which has been exam- 
ined by the City Attorney's office which again clarified 
that Section 5 pertains to renewal as well as first issuance 
of certificate. Mr. Newirth concluded by saying that he 
felt very comfortable with the proposal. 

Commissioner Freebairn-Smith ascertained that if an artist's 
certificate were to expire prior to his hearing and the 
Committee's decision were to not be favorable to the artist, 
there would be hopefully no more than two months for the 
artist's livelihood to be affected if the Committee were 
to be found incorrect in its evaluation. 

Commissioner Rogers opened the meeting to public testimony. 

Street Artist Larry Rosenbloom stated that he received the 
agenda on Friday night (five days ahead of the meeting) 
and an issue like this one should be circulated among the 
artists in the form of a questionnaire. Mr. Rosenbloom 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 3 



disputed the City Attorney's clarification that Section 
5 pertains to renewals. 

Street Artist Robert Clark stated that the current street 
artist ordinance, Proposition "L," is a verbatim of the 
original law which started the Street Artists Program in 
1972, and that it had been his attorney and the City 
Attorney who had co-written the original law. He stated 
that it was his attorney's and his intent that the section 
currently in question refer to renewals. Because of this, 
he supported the proposal and maintained that it will enhance 
the Program's ability to solve street artist problems without 
having to submit them to Program Committee hearing; small 
and medium-sized problems will be dealt with without having 
to take up the Committee's time. He did not feel the 
proposed procedure was a threat to his well-being. 

Mr. Clark went on to say that he was at the artists' Saturday 
lottery for spaces when someone stood up and said that the 
Program Director was trying to take the Committee hearings 
away from the street artists, and the person then asked 
people to sign a petition. If the Commissioners have 
received the petition, Mr. Clark wanted to inform them that 
it was obtained on untruths because it is clear that the 
proposal is not going to take away anyone's right to come 
to the Committee to appeal the Program Director's decision. 
"As a life-long street artist," he supported the proposal 
and thanked Mr. Lazar for submitting this new idea to the 
Committee in order to alleviate problems. 

Street Artist Eunice Rodriguez told the Commissioners that 
she has been in the Program for twenty-one years and that 
she supported the proposal; she added that the people who 
were signing petitions against it are habitual lawbreakers 
who want to restrict the Program Director's authority. 

Street Artist Virginia Burris stated she was not a habitual 
lawbreaker and that she was concerned about the possibility 
that a street artist could be without a license for a month 
while awaiting a Program Committee hearing, or could be 
without a license for two months if the Committee cannot 
get a quorum, and that this could happen if the artist had 
committed a minor offense. 

Street Artist Virginia Travers took issue with Ms. Burris' 
statement by stating that her understanding was that 
any denial of renewal would be the result of an artist's 
having committed the offense several times. Ms. Travers 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 4 



supported the proposal. 

Mr. Lazar clarified that there could be an instance whereby 
an artist, after three minor violations or after one serious 
violation*, is given notice that his certificate will not 
be renewed pending a hearing and the artist's certificate 
is valid for a year; in that case, the Program will not 
wait a year but will schedule the hearing for the next 
available Committee meeting. The Committee could then decide 
to renew or not renew the certificate when it is due, or 
it could allow the artist the opportunity demonstrate 
over the year compliance with the law so that the Committee 
could reconsider its decision at that later time. 

Street Artist Leah Mazor stated that she has been in the 
Program for two and a half years, that she used to break 
the law, and that she supported the proposal. 

Commissioner Rogers commented that former Commissioner 
Anthony Tiirney had made several excellent speeches about 
the integrity of the Program and the involvement of every 
street artist in making sure that the rules are followed. 

Mr. John Bass stated that he was a former street artist 
who held a license for nine years and that he understood 
the proposal to have "plenty of safeguards" for the artists 
- a system of warnings, a hearing by the Committee, the 
opportunity for appeal by the Board of Permit Appeals. 
Aside from this, if it's a serious violation, the Program 
Director can submit the case directly to the Committee 
without warning. The power to make a recommendation to 
not renew a certificate is, he said, implicit in the 
authority provided for granting a certificate. As for 
petitions, he said, people don't like getting parking 
tickets and could supposedly sign a petition against 
parking tickets, but it is beside the point. People who 
understand the necessity of maintaining certain rules 
will like the proposal; another petition could be obtained, 
this time from the people who obey the rules. 

Street Artist Larry Rosenbloom urged the Commissioners 
to look at the petition signed by artists opposing the 
proposal. 



"Minor violations" would be "most violations of a non-violent 
non-threatening nature" and "serious violations" would be 
"violations of a violent of threatening nature and violations 
that significantly threaten the integrity of the Street Art- 
ists Program." 






STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 5 



Street Artist Virginia Burris asked for another hearing 
on the matter, as the Committee had before it some wording 
that amended the procedure. 

Director of Cultural Affairs Newirth responded that the 
City Attorney approved both the original and the amended 
versions. The item that is on the agenda does not change; 
while the implementation wording has changed, the action 
on the agenda has not changed. The item, therefore, is 
totally represented accurately on the agenda. 

Under further protest by Ms. Burris, the Director went on 
to say that often in meetings there are slight revisions 
made even during the progress of the meeting, and this is 
legitimate. If the motion and the intention are spoken 
of clearly on the agenda, the fine-tuning of the measure 
is appropriate. There was no legal reason to hold another 
hearing on this issue. 

After public testimony was closed, Commissioner Freebairn- 
Smith moved approval of the Program Director's draft criteria 
and guidelines, as approved and amended by City Attorney 
and Program Committee, for implementing provision in Section 
5 of Proposition "L" (Street Artist Ordinance) of November, 
1975 election whereby a certificate shall not be issued 
(or renewed) if charges of deception resorted to in obtain- 
ing the certificate, or any other violation of the applicable 
provisions of the San Francisco Municipal Code, have been 
filed with the Art Commission; such criteria and guidelines 
to be made widely available; and staff to report to Art 
Commission at a public hearing in six (6) months as to the 
impact of this change in enforcement of the Street Artist 
Ordinance. The motion was seconded by Commissioner Rogers. 

Commissioner Freebairn-Smith stated that the principles 
he was trying to protect in this matter are concern for 
cash damage to artists by a government agency that might 
be prone to slow procedures or delays that would be hurtful 
to people who are essentially in businesses without large 
cash reserves. The lives and businesses of the street 
artists is a very sensitive matter to the Commission. The 
Commissioner said that he was persuaded by the fact that 
the artists cannot be put out of business through two prior 
warnings which was a "gentle procedure." Therefore, in 
his opinion, the proposed procedure was "adequately sen- 
sitive." With regard to the issue of potential abuse, the 
Commissioner stated that in all groups there are individuals 
more paranoid than others about being abused. He felt that 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 6 



there were enough safeguards in the proposal that can ad- 
dress the possibility of abuse. The "issuance of certifi- 
cate" section of the law was the foundation of the proposal. 
These points, he said, formed the basis of his vote. 

Director of Cultural Affairs Newirth stated that the issue 
will be reviewed in six months to see how the implementation 
has worked. 

Commissioner Rogers thanked the street artists who alerted 
the Commissioners and staff after the first draft was rec- 
ommended, that there may have been some legal problems that 
had not been taken into account. Because of this and because 
the Director of Cultural Affairs had not been comfortable 
with the decision, the item was pulled off the agenda of 
the full Commission for further study and further hearing 
by Committee. The Commissioner stated that he felt they 
had come up with a good and efficient system that will take 
to heart the issues that the Committee heard from the 
artists. With the safeguards of the participation of both 
the Director of Cultural Affairs and the Program Committee, 
the Commissioner was satisfied that the proposal would not 
be removing the livelihood from some street artists unfairly. 

The motion was unanimously approved. 

II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 

Hubert Emerson Ortis - Certificate # 4656. Alleged viola- 
tion: Conducting business in a disorderly, improper or 
hazardous manner (threatening and verbally abusing a Park- 
ing Control Officer and verbally abusing Police Officers 
on July 18, 1996, at the 700 block of Beach Street). 

Mr. Hubert Emerson Ortis stated that the Parking Control 
Officer had taken his job on Beach Street too seriously, 
excessively giving out tickets, when someone finally made 
a complaint and had him transferred. With regard to the 
incident, Mr. Ortis said the officer had seen him feed his 
parking meter all day but decided to issue him a ticket 
as he was in the processing of putting more money in the 
meter. According to Mr. Ortis, the officer had told the 
artists that as long as they kept their meters fed, there 
would be no problem. But the officer, Mr. Ortis said, 
would not allow him to put his quarter in the meter. "So 
of course I got angry," Mr. Ortis stated, and let the officer 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 7 

know he was abusive. Mr. Ortis stated also that he has 
already paid almost $800 in tickets issued to him by the 
officer. 

Commissioner Rogers stated that the officer felt threatened 
enough to call the Police, and that the Art Commission had 
received a Police report which described how Mr. Ortis 
treated the Police officers. Mr. Ortis denied what was 
stated in the report. He said that the Police officers 
went to his table and picked up his scissors and pliers 
and said they were protecting themselves from him. Commis- 
sioner Rogers noted this was contrary to the Police report 
which stated that the pair of pliers was taken "from Ortis' 
hand for our safety." 

Mr. Ortis asked the Commissioners to consider what would 
have happened to him if he had verbally abused Police 
officers, as the report had indicated. Because he wasn't 
taken to jail, "obviously" he "wasn't abusing them," he 
said. 

Parking Control Officer Richard Kwan stated that he patrolled 
the Fisherman's Wharf area during the months he had problems 
with Mr. Ortis. When the Police arrived, he said, Mr. Ortis 
did have the pliers in his hand. He denied Mr. Ortis' state- 
ment of having received $800 in tickets, and further stated 
that he has many complaints with regard to Mr. Ortis' 
actions. When he attempted to cut the spokes of Parking 
Control Officer Kwan's bike, the officer called the Police. 
Mr. Ortis, he said, made verbal threats before the Police 
officers to do bodily harm. 

Parking Control Officer Kwan stated that he learned from 
his supervisor that a petition of 57 to 100 signatures had 
been received stating that he had been harrassing the sig- 
nators; but he "was told that it was a good job well done." 
He went on to say that he did not have a problem with street 
artists, that what was required of them was to feed their 
meters. If he sees that a meter is expired, his issues 
a ticket. 

Parking Control Officer Tom Abrahamson stated that he 
has the Fisherman's Wharf beat on Saturdays and that, prior 
to November 2nd, he had an incident with Mr. Ortis whereby 
he cited Ortis and another street artist who were parked 
adjacent to each other. Prior to this, he had given Mr. 
Ortis "numerous breaks, lots of leniency" because almost 
every Saturday Mr. Ortis was parked illegally. When he 
finally ticketed him, he "tried to tell him very politely 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 8 

and calmly that" he "was sorry" he had to write him the 
ticket, whereupon Mr. Ortis told him, "'Somebody's going 
to snipe you... Somebody's going to hit on you and your 
family." 

Mr. Ortis told the Commissioners that he was "a family 
man" with "four kids" and he "would never threaten another 
man's kids." 

Parking Control Officer James Hudson stated the he had been 
Parking Control Officer Abrahamson's partner on the day 
of the incident just related, and that he heard Ortis say 
that "he was going to snipe" Abrahamson's "family." Mr. 
Ortis told him, he said, that the Art Commission had given 
the artists permission to park there all day; the Parking 
Control Officer, however, informed him that it wasn't so, 
that it was a courtesy extended by the officers so long 
as the artists fed the meters. The officer stated that 
he himself had tagged Mr. Ortis several times. 

In response to a question by Street Artist Therese Roller 
as to why the alleged parking incident would impact 
on a street artist's certificate, both Commissioner Rogers 
and Program Director Lazar clarified that the City Attorney's 
office, after reviewing a 1983 opinion written by Deputy 
City Attorney Boyajian, clarified that the conduct of the 
street artist in question was clearly in the course and 
scope of his business as a street artist and therefore the 
Art Commission had jurisdiction in the matter. 

Commissioner Rogers observed that it was an extraordinary 
courtesy extended by Parking Control Officers, and that 
it was up to the artist to comply with it. 

Mr. Ortis stated that some of the meters do not give 
full time for the money. 

Officer Abrahamson stated that he has now been assigned 
Officer Kwan's beat. 

Street Artist Virginia Burris stated that she and the artists 
had never submitted a petition against a Parking Control 
Officer until they did so against PCO Kwan, and that, in 
addition, she heard of ten stories of unfairness. 

Street Artist Therese Koller expressed the view that it 
was wrong for Parking Control Officers to give the artists 
special treatment which jeopardizes fairness to everyone 
else in the city and seriously jeopardizes the street 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 9 

artists in retaining their spaces. 

Director of Cultural Affairs Richard Newirth stated that 
he would initiate a discussion with Director of Parking 
and Traffic John Newlin about possible parking permits 
for street artists in designated areas or other types of 
solutions. Commissioner Rogers asked that Parking Control 
Officers Abrahamson and Hudson be a part of discussions 
on the matter. 

Mr. Ortiz stated that he was sitting down working, trying 
to make something to sell, when the Parking Control Officer 
had passed several times and had seen his meter was fed 
and now told him personally that someone had irritated him 
"so everybody's going to have to move." 

After public testimony was closed, Commissioner Freebairn- 
Smith remarked on the street artists' "privilege of a sen- 
sitive agency," whereas other cities like New York or 
Chicago would vigorously seek their parking meter revenue. 

Commissioner Rogers moved that Hubert Emerson Ortis be found 
in violation of the street artist ordinance for having con- 
ducted business in a disorderly, improper, hazardous manner, 
and that Mr. Ortis' certificate be suspended for a period 
of three (3) weeks. The motion was seconded by Commissioner 
Freebairn-Smith . 

Commissioner Rogers stated that he would have recommended 
a longer suspension were it not for the fact that the hearing 
procedure had previously been delayed due to a lack of quorum 
and this might have impacted Mr. Ortis' ability to bring 
witnesses on his behalf. 

Mr. Ortis interrupted with statements that the procedure 
was unfair and he was going to get a lawyer. 

Continuing, Commissioner Rogers acknowledged that Police 
Officer Lee, who wrote the incident report and had agreed 
to appear last month when a lack of quorum occurred, was 
now unable to appear and testify at today's hearing. 

Program Director Lazar asked that the Committee consider 
amending its recommendation to provide that the suspension 
occur after the winter holiday season because (a) Mr. Ortis 
could have served the suspension in October, the off -business 
season, had there been a quorum to have taken up the case 
after summer, and (b) the Committee has the authority to 
defer a suspension period. 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1996 Page 10 



Commissioner Freebairn-Smith said that he, too, was sensitive 
to the winter holiday business issue and moved that the 
previous motion be amended to provide that the suspension 
period commence after February 1, 1997. The motion was 
seconded by Commissioner Rogers and unanimously approved. 

Mr. Ortis told the Commissioners he was not satisfied with 
the action and that they should remember that "what goes 
around comes around" and expressed profanity with regard 
to the proceedings. He continued to argue with the Com- 
mittee's action that he had been dealt with unfairly, de- 
manded to know Commissioner Rogers' name, and told the 
Commissioners: "God bless your day!" He left the room. 

Ill HEARING ON PROPOSALS, INCLUDING BUT NOT LIMITED TO THE FOL- 
LOWING PROPOSALS, FOR USAGE OF COMPENSATION COLLECTED BY 
STREET ARTISTS PROGRAM FROM FILM COMPANIES AND PHOTOGRAPHERS 
FOR STREET ARTIST SPACE USED OR ADVERSELY AFFECTED BY FILM- 
ING/PHOTOGRAPHING; POSSIBLE MOTION TO APPROVE A PROPOSAL 
FOR USAGE OF SUCH COMPENSATION 

A. Proposal to rebate or divide the accumulated compen- 
sation at the end of the year among all street artists 
in the Program. 

B. Proposal to put such used or adversely affected spaces 
into the regular street artist spaces lottery of the 
day the spaces are used or adversely affected; artists 
"signing in" for such spaces may not use them but will 
receive $200 from the Program within three weeks (the 
amount of compensation per space to be received by the 
Program from film companies/photographers); any compen- 
sation leftover from used/adversely affected spaces not 
selected in the lottery may be saved by the Program 
for an emergency fund for artists with large medical, 
funeral, or burial expenses. 

C. Proposal to supplement the Program's certificate fee 
revenue with such accumulated compensation in order to 
offset a possible fee increase the following year due 
to increased Program costs; or, conversely, to factor 
in such compensation with the fee revenue in order 

to lower, if possible, the fee for the following year. 



* Mr. Ortis returned during the Committee's consideration of 
the next item and interrupted the meeting by verbally abusing 
Commissioner Rogers (see Page 11 and 15 of these minutes). 



STREET ARTISTS PROGRAM COMMITTEE - November 13 , 1996 Page 11 



Director of Cultural Affairs Newirth said he spoke with 
the City Attorney about the proposals. Mr. Newirth stated 
he felt that Proposal "A" would require much work in terms 
of cutting checks and could possibly cost more to implement 
than what might be collected in revenue. While he applauded 
Proposal "B" particularly in the sense that it reflected 
a caring for the street artists, the City Attorney's office 
felt there may be problems in determining who would be a 
person in need; in addition, the Director did not feel com- 
fortable with the proposal's lottery as a money distributor. 

At this point, the hearing was interrupted by Hubert Emerson 
Ortis who had re-entered the room and now hurled profanity 
at the Commissioners and pointedly directed his invective 
with anatomical reference to Commissioner Rogers. Ortis 
left the room. 

Program Director Newirth stated that the Commissioners had 
the authority to render a new decision on Mr. Ortis 1 
certificate. The Committee chose to maintain its earlier 
decision. 

Returning to Item III, Director Newirth said that he favored 
Proposal "C" as the fairest because each year the Controller 
requires the Art Commission to justify the street artist 
cerftificate fee with the expenses of the Program, to either 
increase the fee in order to cover the expenses or to 
decrease the fee if there is an excess of fee revenue over 
expenses. Proposal "C", therefore, would apply to all the 
street artists; whereas Proposal "B" might allow for just 
a few people to benefit, Proposal "C", if there is sufficient 
income, would allow each continuing member of the Program 
to benefit financially. 

Street Artist Robert Clark said that while he had no problem 
with "C," he did not want the Commissioners to overlook 
a possible Proposal "D" which, he said, would be to accum- 
ulate the movie money for use by the Program for other 
purposes. Because such money would not be fee revenue, 
the Program would not be restricted to using the money for 
administration and enforcement; the money could be used, 
for example, for advertising of the Program. 

Street Artist Therese Roller stated that it is the street 
artist who has the right to sit in the street artist space; 
accordingly, the artist enters the lottery on a particular 
day to get the space, and if that space is being used by 
a movie company, it is the street artist who is harmed, 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 12 



not the Program. It is the artist who should be compensated 
because of the artist's loss of revenue, not the Program. 

Street Artist Virginia Burris stated that when a movie com- 
pany takes over street artist spaces, the spaces are usually 
prime area spaces, and the artists who are displaced take 
over spaces that would have been occupied by other artists 
- resulting in some ten artists who are not able to sell 
for the day. Ms. Burris supported Proposal "A" as the fair- 
est measure. 

Street Artist Virginia Travers submitted a petition for 
Proposal "B" which, she stated, she authored. She said 
that, in addition to being a street artist, she has been 
a member of the Screen Actors Guild for several years. 
As a street artist, if she signs in for a space, she expects 
to make money to feed her family on that particular day, 
and not five months later. The money she earns on a daily 
basis goes to cover the bills she has every day. If a film 
company takes over the street artist spaces on Grant Avenue 
for one week, it means that Ms. Burris cannot pay her bills 
for that week, which creates a hardship for her and a hard- 
ship for her children - and this means, in turn, that she 
might have to apply for AFDC which then puts a hardship 
on the American taxpayers. What her proposal tries to do 
is to compensate the artists who were affected on a partic- 
ular day. 

Ms. Travers went on to say that if a film company sets up 
in Shr eve's, the company makes a deal to pay $10,000 a day 
to use the jewelry store. As a result, Shreve ' s gets the 
money, while the store's employees still get their paychecks 
for the day. They can still feed their families. Similarly, 
Proposal "B" was about compensating the impacted artists 
with a not-so-extravagant amount of money: perhaps, $1,000 
for a one-week shoot to be divided among maybe ten people. 
Furthermore, this would not happen on a daily basis; it 
might happen once a year. 

As for Proposal "A," Ms. Travers stated that, as the 
Director said, there might not be enough money to cover 
the costs of cutting checks for the 400-plus artists in 
the Program. It would also be unfair because someone 
could be in the Program for a long time and lose revenue 
one day by being displaced, while months later someone else 
who has only been in the Program for a month would get a 
check in the mail for what someone else endured at a time 
when the newcomer wasn't even in the Program. 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 13 



As for Proposal "C," Ms. Travers stated that it did not 
guarantee a reduction in the certificate fee; it only said 
"if possible." In reiterating her support of "B," she said 
any leftover money could go into a special fund for advertis- 
ing, parking permits, or other uses. Nevertheless, the 
main issue is that the particular artist who is restricted 
from working on a particular day or week should be the one 
to receive compensation. Significantly, if the artists are 
prohibited by a movie from selling on Stockton Street during 
the height of the Christmas season, the artists "are out 
of a lot of money" because "the money we make over Christmas 
has to carry us for two months, January and February, which 
are our down times." If this were to happen, a lot of 
families would be put under hardship that would carry over 
into January and February. 

Street Artist Robert Clark stated that he would have no 
problem with "B" if everyone in the Program were to receive 
advance notice of the spaces that would be lotterized for 
compensation; but, as it was, "B" would benefit only those 
who are fortunate to learn of the displacement in time. 
He felt that, as a person who has worked twenty-five years 
in the Program, he too "would like to have a chance for 
some of that free money to pay for some of the hard work 
I've done in the past." 

Former Street Artist John Bass stated that there is no assur- 
ance that any street artist is going to get a particular 
space in the lottery; therefore, no one can say with 
certainty that tomorrow they will be deprived. Secondly, 
he wondered how many street artists really do have two 
hundred dollar days consistently; his experience was that 
such days were not that frequent. Thirdly, if a film company 
takes over spaces that are hardly ever used, artists will 
sign up for those spaces. The chances of a "fair" use of 
the money are very uncertain. 

Street Artist Therese Koller stated that 150 artists, not 
the entire Program, are active, and they are the ones who 
should be compensated - not the other artists who don't 
work. The 150 are the ones who make the effort to partici- 
pate in the lottery each day. 

Commissioner Rogers ascertained from staff that at this 
point there was no prediction as to how much compensation 
would come to the Program. 



STREET ARTISTS PROGRAM COMMITTEE - November 13 , 1996 Page 14 

Street Artist Virginia Travers stated that there are times 
during which a film company does not decide on its location 
until the morning of filming; therefore, the Program would 
not always be given advance notice. 

Street Artist Virginia Burris withdrew her support of "A" 
in favor of "B," after hearing the arguments of Virginia 
Travers and Therese Roller that 200 out of the Program's 
400 artists are active. 

Commissioner Rogers expressed his appreciation for the 
artists' efforts in working with Program Director Lazar 
in getting the compensation agreement with the Film Commis- 
sion. It represented an attempt to alleviate the suffering 
that has occurred when film companies have displaced street 
artists. 

Commissioner Freebairn-Smith stated that he was an AFTRA 
member who grew up in an entertainment family in Southern 
California and knew how film companies expend "astonishing 
amounts of money to buy off resistance to what they're 
doing." He related an incident in which his Telegraph Hill 
Homeowners Association received $40 , 000 from a film company 
for location shooting but had a difficult time deciding 
on who should get the money: this, he said, was analogous 
to the present issue. His concern, he said, was not for 
the amounts of money a film company would have to pay; it 
was for the artists. He wanted to see a procedure that 
the Program Director could manage, something that would 
be fair. 

Commissioner Rogers stated that he was totally opposed to 
"A" because of the costs involved; at the same time, "C" 
was a very good idea, probably the easiest to administer; 
but the Commissioner favored "B": since the Commission runs 
a lottery for spaces already, why not make the $200 a day 
compensation a benefit the artist would get from the lottery? 
It would be fairly easy and direct to administer and would 
also take care of the problem of any street artist who signs 
up for a space and finds out when he gets there that he 
can't use the space because the film company did not give 
advance notice to the Commission. Furthermore, the Commis- 
sioner did not see anything wrong with the procedure attract- 
ing an artist who wanted to try their luck in the lottery 
just to get the money. 

The Commissioners ascertained from the artists present that 
if the Program received advance notice from a film company, 
the Program Director should so inform the Lottery Committee 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 15 



- not all the street artists - to make announcements that 
certain spaces would be used by the film company and that 
those spaces would be part of the lottery to determine the 
recipients of compensation. 

The Program Director clarified that if the Committee recom- 
mended adoption of "B", it would also be adopting the 
possible situation of the Program's not receiving advance 
notice of filming, and the only people who would be eligible 
for compensation would be those who happen to be at that 
day's lottery. Commissioner Rogers responded that that, 
too, was why he favored "B" as the fairest solution in cases 
of advance warning and no warning. 

The Commissioner went on to say that he could not support 
the second part of "B" which proposed that leftover compen- 
sation would be given to artists with major expenses. 

Commissioner Rogers moved to approve proposal for usage 
of compensation collected by Street Artists Program from 
film companies and photographers for street artist space 
used or adversely affected by filming/photographing: pro- 
posal to place such used or adversely affected spaces into 
the regular street artist lottery of the day the spaces 
are used/adversely affected, to prohibit artists who "sign 
in" for such spaces from using them and to allow such art- 
ists to receive $200 from the Program within three weeks, 
to return to the Program as revenue any compensation left- 
over from such spaces not selected in the lottery, such 
accumulated compensation to possibly offset for the follow- 
ing year a fee increase due to increased Program costs or, 
conversely, to factor in with the fee revenue for possibly 
lowering the fee; adoption of proposal for a period of 
twelve months. The motion was seconded by Commissioner 
Freebairn-Smith and unanimously approved. 

IV NEW BUSINESS 

Commissioner Freebairn-Smith asked that the minutes reflect 
that the tone of Mr. Ortis' response at his hearing was 
in direct contradiction to the tone and attitude of the 
Commission, and that should something occur that would 
result in another hearing with him, the Committee will 
not be inclined to exercise leniency. 

Street Artist Therese Koller submitted a petition signed 
by 36 artists concerning documentation on what services 
the staff members are performing for the fees that are 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1996 Page 16 

paid. 

Ms. Koller stated that there were abuses in the Program. 

Street Artist Bob Clark stated that, while no system is 
perfect, New York's Columbia Law School had determined that 
San Francisco's Street Artists Program was the best in the 
nation. Street Artist Eunice Rodriguez concurred. 

Commissioner Rogers moved to adjourn the meeting; the motion 
was seconded by Commissioner Freebairn-Smith and unanimously 
approved . 

The meeting adjourned at 5:58 p.m. 

Respectfully submitted: 



Howard Lazar, Director 
Street Artists Program 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

Gallery 

OPS Symphony Concerts 

Public Art 



SAN FRANCISCO ART COMMISSION 

Mo. 15 



DOCUMENTS DEPT, 
DEC 1 1996 

SAN FRANCISCO 
PUBLIC LIBRARY 



Street Artists Licenses 

Suite 70 

415.252.2581 



NOTICE 



There will be no meeting of the Art Commission ' s^Street 
Artists Program Committee scheduled for the month of December, 



The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, January 8, 1997, 3:00 p.m., Art 

Commission Conference Room, Suite 70, 25 Van Ness Avenue, San 
Francisco. 



Street Artists Program 
December 4, 1996 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595